In Re Marriage of Drlik

87 P.3d 1192
CourtCourt of Appeals of Washington
DecidedApril 6, 2004
Docket21650-1-III
StatusPublished
Cited by24 cases

This text of 87 P.3d 1192 (In Re Marriage of Drlik) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Drlik, 87 P.3d 1192 (Wash. Ct. App. 2004).

Opinion

87 P.3d 1192 (2004)

In re the MARRIAGE of: John Martin DRLIK, Appellant, and
Cynthia Jean Drlik, Respondent.

No. 21650-1-III.

Court of Appeals of Washington, Division 3, Panel Six.

April 6, 2004.

*1193 W. James Kennedy, Attorney at Law, Yakima, for Appellants.

Richard H. Bartheld, Attorney at Law, Yakima, for Respondents.

KURTZ, J.

As required by the decree of dissolution, Dr. John Drlik paid spousal maintenance to his former wife Cynthia Drlik and maintained a life insurance policy for her benefit. After John was stricken by brain cancer, he moved to modify the decree. The trial court granted the motion to modify in part by suspending payment of spousal maintenance pending John's future medical and employment status. But the court denied John's request to terminate the life insurance policy obligation to Cynthia.

John Drlik appeals the trial court's order contending the court lacks authority to suspend, rather than modify or terminate, spousal maintenance.

We hold that the trial court had authority under RCW 26.09.170 to suspend the maintenance obligation. We further hold, however, that it was error for the court to suspend John Drlik's maintenance obligation indefinitely based upon an unsupported finding that John might return to gainful employment. Accordingly, we affirm in part, reverse in part, and remand to the trial court.

FACTS

In April 2002, John Drlik filed a petition for modification of his maintenance obligation to Cynthia Drlik. The maintenance obligation arose out of a 1998 decree of dissolution that terminated his 38-year marriage to Cynthia. The dissolution decree required John to pay $3,300 per month as spousal maintenance until he turned age 70, at which time he planned to retire. He has not paid spousal maintenance since April 2002.

At the time of dissolution, John Drlik maintained a $100,000 life insurance policy through his employer. The dissolution decree obligated John to maintain the policy with Cynthia Drlik as beneficiary to the extent the proceeds would pay future maintenance. At the time of trial, John Drlik had converted the policy into an individual term policy requiring monthly premium payments of $378.80.

After dissolution, John Drlik had two surgeries for a "grade 4" brain tumor. "[John Drlik's] prognosis at the time of trial is a 50% chance of survival at 6 months." Clerk's Papers (CP) at 11. The brain tumor forced John to retire from his medical practice in June 2002. Cynthia Drlik concedes the retirement was involuntary and was an uncontemplated change of circumstances for purposes of modification of the decree.

Before his involuntary retirement, John Drlik earned $15,000 per month in gross wages. After retirement, his income fell to $4,600 per month drawn from Social Security and private disability insurance benefits. His medical expenses continue to grow notwithstanding Medicare and private health insurance.

John Drlik remarried and his current wife, Jane Drlik, earns approximately $44,000 per year working for a local school district. Jane is on leave of absence to take care of John during his illness.

John Drlik paid off approximately $115,000 in marital debts in a chapter 13 proceeding after dissolution. Nevertheless, John enjoyed "a substantial lifestyle which included various trips, numerous contributions to charities, and the aid of a housekeeper and lawn care person." CP at 12.

At the time of trial, John Drlik's monthly expenses included a $900 monthly car payment on an Audi and a $500 payment into an investment account. He was also paying the *1194 life insurance premiums mentioned above. His expenses exceeded his income.

Cynthia Drlik did not work outside the home for several years before separation. Her medical history includes breast cancer and depression. She reached age 65 in November 2002.

At the time of dissolution, Cynthia Drlik received $88,000 from a marital investment account, which she rolled into an individual retirement account (IRA). Even though she did not withdraw any of the funds, the IRA dwindled to $68,000 as of June 2002.

Cynthia Drlik is employed as a psychiatric registered nurse. "Her work is stressful, and presently she is the oldest employee on the psychiatric unit." CP at 12. She works full time and earns a gross monthly income of $3,319. "She receives occasional overtime pay." CP at 13. Prior to this dispute, Cynthia had planned "to begin drawing her Social Security benefits at age 65 and reduce her employment to an average of 20 hours per week." CP at 13.

Before this dispute, Cynthia Drlik paid a maximum contribution to a 403(b) savings plan established through her employer. In April 2002, she reduced her monthly contribution to $645. "Even if her entire contribution to the 403(b) savings account were eliminated, her expenses would still exceed her present income." CP at 13.

Cynthia Drlik "lives frugally." CP at 13. She bought a house worth $140,000 subject to a $106,000 mortgage. "She has other investment accounts totaling $10,651." CP at 13. "In order to have sufficient funds for retirement, [Cynthia Drlik] must continue to fund her 403(b) savings plan." CP at 13.

The trial court entered an order that did not terminate spousal maintenance; however, the order suspended such maintenance "effective April 1, 2002 until further order of the court." CP at 8. The trial court further ordered John Drlik to notify Cynthia Drlik if he returned to gainful employment. Finally, the trial court ordered the following:

Petitioner's request to terminate the obligation to maintain respondent as beneficiary on petitioner's life insurance policy is hereby denied. Petitioner shall pay the monthly premiums to maintain the term life insurance policy and shall maintain respondent as a beneficiary of said policy for the balance of petitioner's natural life or until further order of the court. Should respondent receive the proceeds of said life insurance policy, respondent shall reimburse petitioner's current wife out of the life insurance proceeds a sum equal to one-half of the health insurance premiums paid from June, 2002 until the life insurance policy proceeds are disbursed.

CP at 9.

The trial court denied John Drlik's motion for reconsideration. John then appealed to this court.

ANALYSIS

John Drlik contends the trial court lacks the authority to suspend, rather than modify or terminate, spousal maintenance. We will not reverse a trial court's ruling on a petition to modify a dissolution decree absent an abuse of discretion. In re Marriage of Jennings, 138 Wash.2d 612, 625-26, 980 P.2d 1248 (1999); In re Marriage of Spreen, 107 Wash.App. 341, 346, 28 P.3d 769 (2001). In determining whether the trial court abused its discretion in ordering modification, this court reviews the order "for substantial supporting evidence and for legal error." Spreen, 107 Wash.App. at 346, 28 P.3d 769 (citing In re Marriage of Stern, 68 Wash. App. 922, 929, 846 P.2d 1387 (1993)). "Substantial evidence supports a factual determination if the record contains sufficient evidence to persuade a fair-minded, rational person of the truth of that determination." Spreen, 107 Wash.App.

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Bluebook (online)
87 P.3d 1192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-drlik-washctapp-2004.