Horchover v. Field

964 P.2d 1278, 1998 Alas. LEXIS 156, 1998 WL 721481
CourtAlaska Supreme Court
DecidedOctober 16, 1998
DocketS-7989
StatusPublished
Cited by13 cases

This text of 964 P.2d 1278 (Horchover v. Field) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Horchover v. Field, 964 P.2d 1278, 1998 Alas. LEXIS 156, 1998 WL 721481 (Ala. 1998).

Opinion

OPINION

COMPTON, Justice.

I. INTRODUCTION

Robert Horchover refused to abide by certain provisions of a Property Settlement Agreement that the superior court had incorporated into the decree that divorced him and Sylvia Horchover, now known as Sylvia Field. Sylvia moved the superior court: (1) to order Robert to show cause why he should not be held in contempt of court; (2) to order him to provide an accounting and to transfer certain funds to her; and (3) to reduce his arrearages to judgment. The superior court reduced Robert’s arrearages to judgment, required him to provide a full accounting of two investments and of his dentistry practice’s pension plan, and required him to turn over to Sylvia some artwork. After having paid the judgment, Robert requested and received clarification from the superior court regarding the accounting and artwork requirements. Robert only appeals the order requiring him to provide Sylvia with an accounting.

We conclude that the superior court’s order requiring Robert to provide an accounting was a valid order enforcing the divorce decree, not an invalid order adding terms to the parties’ Property Settlement Agreement incorporated into that decree. Furthermore, we conclude that the order was not an abuse of the court’s discretion.

II. FACTS AND PROCEEDINGS

In November 1992 Robert L. Horchover and Sylvia F. Horchover-Field were divorced after thirty-three years of marriage. The Decree of Divorce provided that

the assets and liabilities of the parties shall be divided in accordance with the Property Settlement Agreement and Qualified Domestic Relations Order [“Property Settlement Agreement”] executed by the parties and previously filed with this court and that the terms and conditions of the Property Settlement Agreement shall be fully incorporated into this decree of divorce.

The superior court concluded that the “Property Settlement Agreement [was] a fair and equitable distribution of the parties’ property, assets and debts.”

The Property Settlement Agreement provides that Sylvia shall receive (among other things):

5. Sixty-five percent (65%) of the net value of the combined profit sharing plans of the two parties. This value shall be calculated by deducting the outstanding loan obligations from the gross amount of the two combined plans.
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10. Fifty percent (50%) of all income attributable to the parties from [their investment in] the Waterfront Hotel project.
11. The sum of Two Thousand Dollars ($2,000.00) per month payable by husband to wife from January 1, 1995, with the last payment due November 1, 1996. This payment is a distribution of marital property.
12. Fifty percent (50%) of all income attributable to husband’s share of [a] licensing agreement with Schwarb Foundry, presently held by 3S Pacific Corporation.

Robert did not begin making the $2,000 payments to Sylvia on January 1, 1995, as required by paragraph 11 of the Property Settlement Agreement. In June Robert’s attorney sent a letter to Sylvia’s attorney alleging that Sylvia had diverted money from Robert’s dentistry business in 1988 and 1989. 1 The letter stated, in part:

Dr. Horchover recognizes his responsibilities under the Settlement Agreement, but feels strongly that it was implicit in the settlement process that both parties deal honestly with each other and make full disclosure of relevant asset information. *1280 If Sylvia has withheld material information on the source of funds in [her personal] account, or has gone further and affirmatively misrepresented the source of these funds, I think she will be in a very poor position to enforce any rights under the Settlement Agreement. Please ask your client to cooperate. Dr. Horchover would like to resolve this issue in the next couple of months. Thank you.

In August 1996 Sylvia moved for “an order to show cause why [Robert] should not be held in contempt of court; for an order requiring an accounting; and for transfer, of certain funds; and for reduction of arrearag-es to judgment.” She requested an accounting of the dentistry practice’s pension profit sharing plan, the Juneau Waterfront Hotel project (Waterfront Project), the Schwarb Foundry Project, and two other investments no longer at issue. In her memorandum in support of her motion, Sylvia stated that “it appears that there are additional stocks and accounts receivable which have not been identified or transferred. [I] seek[ ] an accounting of all assets and transactions within the pension plan and profit sharing plans from the date of divorce to the present and an immediate transfer of all sums and assets due [me].” Additionally, Sylvia requested an accounting of the other investments because, “[g]iven the history of this divorce, [she][was] concerned that these assets may be modified or liquidated in a way that prevents her from discovering money which is due her.”

Robert opposed Sylvia’s motion. Regarding the request for accounting, Robert stated:

Sylvia raises a number of issues which go beyond the terms of the property settlement. She has asked [me] for an accounting of various notes receivables due the retirement plan, for an accounting of two worthless equities held by the plan, and for an accounting of the Juneau Waterfront Hotel Project and an accounting of the Schwarb Foundry project.

Robert argued that he had fully complied with the property settlement “and [was] not required to furnish any of the accountings requested, with the exception of the Schwarb Foundry where he is the general project manager.” 2

In January 1997 the superior court granted Sylvia’s motion to reduce Robert’s arrear-ages to a judgment and ordered him to provide to her

an accounting of the Robert L. Horchover, D.D.S., Pension and Profit Sharing Plans and transfer to [Sylvia] all sums in those plans which were awarded to her in the property settlement agreement, ... [and to provide] a full accounting of the activities of the Juneau Waterfront Hotel Project and the Schwarb Foundry Project.

Robert moved the court to clarify the order requiring him to provide Sylvia with an accounting. 3

In May 1997 the superior court issued its Order re Clarification. It ordered Robert to provide Sylvia, within twenty days of the date of the order, with:

1. A complete accounting of all assets and transactions in the pension and profit sharing plan from the date of divorce to the date of this order. [Robert] shall bear the full cost of such accounting.
2. A copy of the books of the Juneau Waterfront Hotel project or its successor entities.
3. A complete copy of the books of the Schwarb Foundry project or its successor entities.

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Bluebook (online)
964 P.2d 1278, 1998 Alas. LEXIS 156, 1998 WL 721481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horchover-v-field-alaska-1998.