Hoffman v. Hoffman

614 A.2d 988, 93 Md. App. 704, 1992 Md. App. LEXIS 196
CourtCourt of Special Appeals of Maryland
DecidedOctober 28, 1992
Docket1865, September Term, 1991
StatusPublished
Cited by14 cases

This text of 614 A.2d 988 (Hoffman v. Hoffman) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoffman v. Hoffman, 614 A.2d 988, 93 Md. App. 704, 1992 Md. App. LEXIS 196 (Md. Ct. App. 1992).

Opinion

FISCHER, Judge.

Roy C. Hoffman, appellant, and S. Diann Hoffman, appellee, were married on July 6, 1974. Mr. and Ms. Hoffman have two children; one child was bom of this marriage, and Mr. Hoffman adopted a child of Ms. Hoffman. 1 On June 20, 1986, Ms. Hoffman filed a complaint in the Circuit Court for Harford County seeking a “Limited Divorce and Financial Settlement.” A pendente lite hearing was held and the master filed a report on October 20, 1986. Pursuant to the *709 master’s report, the circuit court order of November 20, 1986 required Mr. Hoffman to: pay $60 per week per child, give use and possession of a car to the eldest child, pay the child’s car insurance, and to pay Ms. Hoffman $200 reimbursement for the hearing. Due to various delays, the trial on the divorce did not occur until March, 1990. At trial, Ms. Hoffman orally amended her complaint to request an absolute divorce based on a two-year separation. By a Judgment for Absolute Divorce filed on July 29, 1991, the trial judge ordered:

1. The parties should be granted an absolute divorce.
2. Ms. Hoffman should be granted custody of the minor child of the parties with the right of reasonable and liberal visitation to Mr. Hoffman.
3. The attorneys for the parties be appointed as co-trustees to sell both the marital home and the Alabama property.
4. Upon the sale of the marital home and after the payment of all costs of the sale, Mr. Hoffman shall receive a “credit” for $8,997.00 and the balance of the proceeds shall be divided equally between the parties.
5. Unless the parties agree otherwise, attorneys for the parties are appointed as co-trustees to sell the personal property of the parties and distribute the proceeds equally-
6. Upon the sale of the Alabama property and after the payment of all costs of sale, Mr. Hoffman shall receive a credit of $35,377.00 and the balance of the proceeds shall be divided equally between the parties.
7. Ms. Hoffman shall receive a “marital award” of $8,901.00 as her share of Mr. Hoffman’s military retirement pay or in the alternative that she receive 14.4% of that pay if and when received.
8. Ms. Hoffman shall receive a “marital award” of $21,-502 as her share of Mr. Hoffman’s pension or in the alternative that she receive 30% of the pension if and when received.
*710 9. Mr. Hoffman shall receive a “marital award” in the amount of $1,798.95 as his share of Ms. Hoffman’s pension.
10. Mr. Hoffman shall pay to Ms. Hoffman the sum of $450 per month as child support. 11. Mr. Hoffman be ordered to pay to Ms. Hoffman $2,000 as contribution toward attorney’s fees.
12. Both parties are denied alimony.

On appeal, Mr. Hoffman presents the following issues:

1. Whether the trial court erred in its calculation of the marital and nonmarital portions of specific marital assets and, if there was error, would it require the case to be remanded.
2. Whether the trial court erred in awarding specific “credits” out of the proceeds of sale of the Maryland and Alabama homes in lieu of one monetary award.
3. Whether the trial court erred in awarding Ms. Hoffman a lump-sum amount of Mr. Hoffman’s United States Civil Service Retirement System Pension or, in the alternative, that Ms. Hoffman receive 30% of that pension if and when received.
4. Whether the trial court abused its discretion in only awarding Mr. Hoffman $1,798.95 of Ms. Hoffman’s pension.
5. Whether the trial court abused its discretion in refusing to consider the $17,000.00 that Ms. Hoffman withdrew from the parties’ joint savings account, in its consideration of the amount of the monetary award.
6. Whether the trial court erred in its award of contribution to Mr. Hoffman for expenses he paid to maintain the Alabama property.
7. Whether the trial court abused its discretion in awarding retroactive child support to Ms. Hoffman.
8. Whether or not the trial court abused its discretion in failing to consider the vast sums of money spent by Mr. Hoffman toward’s Ms. Hoffman’s car payment, insurance, and the child's car, providing the child with a car, *711 and payments towards the marital home, pursuant to the November 20,1986 court order under the “other factors” provision of the Annotated Code of Maryland, Family Law Article, Section 8-205(b)(10).

At the time of the marriage, Mr. Hoffman was 39 years of age and a Captain in the National Guard, and Mrs. Hoffman was 22 years of age and employed as a respiratory therapy technician. After the birth of their child in November, 1974, Ms. Hoffman ceased working until she graduated from nursing school in 1981. She is currently employed as a registered nurse and earns approximately $30,000 annually. Mr. Hoffman retired from the National Guard as a Lieutenant Colonel with thirty-four years of service and a pay level of GS-12. He is currently a civilian employee of the Federal Government and earns approximately $42,000 per year.

During the marriage, Mr. and Ms. Hoffman acquired two pieces of real property, one in Aberdeen, Maryland and the other in Enterprise, Alabama. Mr. Hoffman provided, from an inheritance he received, a down payment of $8,997.35 for the Aberdeen property. Mr. Hoffman sold a pre-marital residence in Washington state and used the proceeds of $28,532 to purchase the Alabama property.

I. and II.

Mr. Hoffman avers that the trial judge failed to determine properly which property is marital and which property is nonmarital. We agree. The relevant law is contained in Md.Fam.Law Code Ann., §§ 8-201 to 8-213, otherwise known as the “Marital Property Act” (Act). The purpose of the Act is to divide equitably and fairly the property interests of spouses by giving consideration to the monetary and non-monetary contributions of each spouse. Harper v. Harper, 294 Md. 54, 448 A.2d 916 (1982). In order to alleviate any inequities between the parties, the Act provides for a monetary award to be granted. The granting of this monetary award, however, seems to generate a great deal of confusion.

*712 As we summarized in Paradiso v. Paradiso, 88 Md.App. 343, 349-350, 594 A.2d 1200 (1991), and illustrated in Blake v. Blake, 81 Md.App. 712, 723-726, 569 A.2d 724 (1990), the Act requires a three-step process to be completed before a “single” 2 monetary award may be granted.

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Bluebook (online)
614 A.2d 988, 93 Md. App. 704, 1992 Md. App. LEXIS 196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoffman-v-hoffman-mdctspecapp-1992.