In Re the Marriage of Crowley

2014 MT 42, 318 P.3d 1031, 374 Mont. 48, 2014 WL 631646, 2014 Mont. LEXIS 54
CourtMontana Supreme Court
DecidedFebruary 18, 2014
DocketDA 13-0419
StatusPublished
Cited by29 cases

This text of 2014 MT 42 (In Re the Marriage of Crowley) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Crowley, 2014 MT 42, 318 P.3d 1031, 374 Mont. 48, 2014 WL 631646, 2014 Mont. LEXIS 54 (Mo. 2014).

Opinion

JUSTICE BAKER

delivered the Opinion of the Court.

¶1 Dennis Crowley appeals the final decree of dissolution and parenting plan entered by the Second Judicial District Court, Silver Bow County. He claims that the District Court erred in:

¶2 i. Calculating and distributing the marital estate;

¶3 2. Awarding arrears for purported past due family support;

¶4 3. Awarding maintenance;

¶5 4. Designating Amber as the primary residential parent and failing to award him adequate parenting time; and

¶6 5. Awarding costs and attorney’s fees.

¶7 We affirm in part and reverse and remand in part.

PROCEDURAL AND FACTUAL BACKGROUND

¶8 Dennis and Amber Crowley married in July 2007 and had one child in 2008. Dennis filed a petition for dissolution in the District Court on February 18, 2011. The parties filed a stipulated interim parenting plan on February 25, 2011, that called for all parenting to take place at the parties’ home in Butte; during scheduled parenting time, the other parent would switch residences. Following the separation, Amber moved to Coeur d’Alene, Idaho, and commuted to Butte every other week to fulfill her parenting obligations. On March 9,2011, Amber petitioned the court for a modification to the parenting plan and $2,000 in monthly interim maintenance. The District Court never ruled on the motion for temporary support.

*50 ¶9 The District Court appointed a guardian ad litem (GAL) on March 25,2011. Following the completion of the GAL’s report, Amber again filed a motion to modify the interim parenting plan. Amber argued, and the GAL agreed, that the parties’ interim plan was not a realistic long-term co-parenting solution. Additionally, Amber contended that commuting was interfering with her ability to obtain employment in Coeur d’Alene. The District Court held a hearing and, based on the concerns raised by Amber and the GAL, ordered a modified parenting plan on February 6,2012. This plan scheduled two weeks of rotating parenting time at each parent’s respective residence.

¶10 In November 2012, the District Court held a two-day trial on the petition for dissolution. On May24,2013, the court entered its findings of fact, conclusions of law, final decree of dissolution, and final parenting plan. Because Dennis challenges many of the trial court’s determinations, we provide a review of the pertinent facts underlying the court’s decision.

A. Property Division

¶11 The District Court divided the marital estate as follows:

¶12 1. Stage Coach Property, the parties’ primary residence valued between $320,000 and $337,000. Dennis and Amber purchased a lot for $42,400 with a loan from Dennis’s mother for $41,534. The court found that Dennis executed a promissory note with his mother to which Amber was not a party. The parties constructed the home on the lot with a $250,000 loan. The court ordered that the home be sold at fair market value and the equity be split equally between the parties. The court ordered that Dennis was to be fully responsible for any obligation to his mother relating to the promissory note.

¶13 2. Fairmont Property, a vacation home purchased for $40,000 during the course of the parties’ marriage. The parties financed the property using funds from a joint bank account and a $30,000 mortgage with Granite Mountain Bank. The court ordered this property to be sold at fair market value with the equity, which the court estimated to be $10,000, to be split equally between the parties.

¶14 3. Businesses. Dennis was involved with his family members in several businesses. Amber claimed an ownership interest in one business, Crowley Design Group, where she worked part-time. The court awarded Dennis all interest in and any debt associated with the businesses. It determined that Amber had been an employee of Crowley Design Group, for which she had been compensated.

¶15 4. Retirement Accounts. Dennis and Amber both had 401(k) accounts. The court found that Amber’s 401(k) was worth $12,000, and *51 that Dennis’s 401(k) increased in value during the marriage by $84,000. Additionally, the court found that Dennis “took out a $50,000 loan against his 401(k) retirement account.” The court awarded Amber the balance of her retirement account and $36,000 of Dennis’s to offset the difference between the growth of their accounts during the marriage.

¶16 5. Automobile. The parties purchased a 2005 Mercedes Benz during the marriage that Amber primarily used. The court found the vehicle to be valued at $12,000, with the parties owing $9,000 on a vehicle loan, which Dennis had been paying since the separation. The court awarded the vehicle to Amber and ordered Dennis to continue to make the remaining loan payments.

¶17 6. Credit Cards. The parties incurred $33,325 of debt among various credit cards. The court assigned Dennis $20,370 of the debt and Amber $12,955.

¶18 7. Other Property. The court ordered that the parties split their personal property with 60% going to Amber and 40% to Dennis.

B. Arrears and Maintenance

¶19 As noted, Amber filed a motion for temporary maintenance on March 9,2011, on which the court never issued a ruling. The parties entered into an informal agreement for temporaxy maintenance in April 2011 in which Dennis agreed to pay Amber $1,100 a month. In Febxuary 2012, he reduced that amount to $275 per month without Amber’s agreement. At trial, Amber requested the difference between these amounts — $825 a month — going back to February 2012. The District Court ordered Dennis to pay Amber $13,200 for past due family support. The court further ordered $1,100 per month in maintenance for two years.

¶20 In support of these awards, the court found that until the parties separated, Amber worked as a part-time employee at Crowley Design Group, earning $550 every two weeks. The court determined that her pait-time employment status during the marriage allowed her to devote time to maintaining the paxties’ home and to caring for their child. In addition to not being able to secure employment dining the first year of the parties’ separation, she incurred significant expenses traveling between Idaho and Montana to fulfill her parenting time. At the time of trial, Amber recently had obtained a real estate license and had homes listed for sale with one potential sale pending. The court found her monthly income to be between $2,000 and $2,500 and stated that she had a difficult time meeting her expenses during the proceedings.

*52 C. Parenting Plan

¶21 Both parents wanted to be the primary parent and agreed that, given the distance between them, a primary parent must be designated. At trial, each party called a parenting counselor. Each testified that the parent on whose behalf the counselor testified was fit and able.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 MT 42, 318 P.3d 1031, 374 Mont. 48, 2014 WL 631646, 2014 Mont. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-crowley-mont-2014.