In Re the Marriage of Johnson

1999 MT 254, 989 P.2d 356, 296 Mont. 311, 56 State Rptr. 1011, 1999 Mont. LEXIS 256
CourtMontana Supreme Court
DecidedOctober 21, 1999
Docket98-449
StatusPublished
Cited by2 cases

This text of 1999 MT 254 (In Re the Marriage of Johnson) 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 Johnson, 1999 MT 254, 989 P.2d 356, 296 Mont. 311, 56 State Rptr. 1011, 1999 Mont. LEXIS 256 (Mo. 1999).

Opinions

JUSTICE GRAY

delivered the Opinion of the Court.

¶ 1 Corliss J ohnson (Corliss) appeals from the Order entered by the Eighth Judicial District Court, Cascade County, denying her motion to enforce her Decree of Dissolution (Decree) by requiring Melvin Johnson (Melvin) to pay $7,192 as his share of their daughter’s medical related expenses. We affirm.

¶2 We restate the issues on appeal as follows:

¶3 1. Is the District Court’s finding that the Anasazi Foundation treatment does not qualify as a medical related expense contemplated by the Decree clearly erroneous?

¶4 2. Did the District Court err by failing to enter sufficient findings of fact to justify its denial of Corliss’ motion to enforce the Decree?

BACKGROUND

¶5 On April 15,1992, the District Court entered a Decree dissolving Melvin and Corliss’ marriage. Under the Decree, Melvin was responsible for the medical, dental, optical, hospital and other medical related expenses of the parties’ three minor children and was required to maintain a supplemental insurance policy to cover those expenses not covered by Champús, his insurance provider.

¶6 The court subsequently modified the Decree. Pursuant to the modification, Melvin became responsible for 58%, and Corliss for 42%, of the children’s medical, dental, orthodontic, optical, hospital and other medical related expenses not paid by insurance.

¶7 In 1996, Corliss had problems with the parties’ daughter Hayley which led to police intervention. Hayley was taken to the Cascade County Juvenile Detention Center and, on her release, was placed in foster care for several months and ordered into counseling. Following unsuccessful local counseling, Corliss sought to admit Hayley to the Anasazi Foundation (Anasazi), an outdoor wilderness treatment program for behavioral problems, including drug and alcohol abuse, located in Arizona. She asked Melvin to pay his 58% share of the ex[313]*313penses for Hayley’s Anasazi treatment, but Melvin refused. Hayley subsequently was admitted to Anasazi for approximately two months, incurring $15,000 in expenses which were decreased to $12,400 by a scholarship. Corliss borrowed her 42% share of the remaining Anasazi bill from her mother and Melvin’s 58% share from her church, on the understanding that she would work in the church library 20 hours per week.

¶8 In June of 1996, Corliss moved the District Court to enforce the medical related expense provision of the Decree by requiring Melvin to pay $7,192 — 58%—of the Anasazi bill for Hayley’s treatment. During the hearing on her motion, Corliss testified about the problems she had had with the parties’ older son, Dan, the positive results from his Anasazi treatment, and the similarities between Dan’s experience and the problems and results she experienced with Hayley. She also testified that Dr. Catherine White, a pediatrician, prescribed treatment at Anasazi for Hayley, but did not recall Dr. White’s diagnosis or produce a copy of the diagnosis or referral. Finally, Corliss testified that a person could send a child to Anasazi without a medical referral and, in fact, the only purpose of the medical referral was to substantiate medical necessity and propriety of treatment for insurance purposes. Melvin testified Corliss simply decided Hayley was going to Anasazi for treatment and asked him to pay his share without giving a specific reason other than that Hayley was unmanageable. He further testified that Champús pays for treatment programs that are medically required. While Melvin agreed that Hayley had behavioral problems, he testified that, when Hayley lived with him, he observed disciplinary problems on which he worked with her and made progress. Following the hearing, the District Court orally found that Hayley’s Anasazi treatment was not a medical expense.

¶9 Corliss subsequently moved for reconsideration of the court’s oral determination. The court denied her motion to reconsider and entered an order denying her motion to enforce the Decree’s medical related expense provision by requiring Melvin to pay 58% of the Anasazi bill for Hayley’s treatment. Corliss appeals.

DISCUSSION

¶10 1. Is the District Court’s finding that the Anasazi treatment does not qualify as a medical related expense contemplated by the Decree clearly erroneous?

¶11 The modified Decree provides that Melvin is responsible for 58% of the children’s medical, dental, orthodontic, optical, hospital [314]*314and other medical related expenses not paid by insurance. Corliss moved the District Court to enforce this provision by requiring Melvin to pay his share for Hayley’s treatment at Anasazi.

¶ 12 At the conclusion of the hearing on Corliss’ motion, the District Court determined that the parties had agreed to send Dan to Anasazi for treatment, and that since Melvin had not agreed to send Hayley to Anasazi for treatment, the court could require Melvin to pay his share of the expenses for Hayley’s treatment only if Hayley’s treatment was considered a medical expense under the parties’ Decree. The court continued that it did not find that Hayley’s Anasazi treatment was a medical expense under the parties’ Decree, explaining that it did not have Dr. White’s referral, Champús denied payment for Hayley’s Anasazi treatment, and Corliss testified that a medical referral was not necessary to send a child to Anasazi for treatment. The court subsequently entered its order finding “that said treatment does not qualify as a ‘medical related expense’ as contemplated by the Decree of Dissolution” and denied Corliss’ motion. Corliss contends the District Court’s finding disregarded the evidence, including the medical referral and Melvin paying for similar treatment for Dan. She further contends that, because Melvin is required to pay 58% of the medical expenses not covered by insurance, he cannot use the insurance denial to avoid paying his share.

¶13 We review a district court’s findings of fact to determine whether the findings are clearly erroneous. Rule 52(a), M.R.Civ.R A finding is clearly erroneous if it is not supported by substantial evidence, if the trial court misapprehended the effect of the evidence, or if our review of the record convinces us that the district court made a mistake. Kovarik v. Kovarik, 1998 MT 33, ¶ 20, 287 Mont. 350, ¶ 20, 954 P.2d 1147, ¶ 20 (citation omitted). Thus, we focus first on whether substantial evidence supports the court’s finding that the Anasazi treatment was not a medical related expense contemplated by the Decree.

¶14 Melvin testified Corliss told him she was sending Hayley to Anasazi because Hayley was unmanageable and never indicated that a medical problem necessitated the Anasazi treatment. He further testified that Champús would pay for medically required treatment programs. In that regard, Corliss testified Champús refused to pay for Hayley’s Anasazi treatment. Moreover, while the parties agreed that Hayley had behavioral problems, Melvin testified that when Hayley lived with him, they made good progress on observed disci[315]*315plinary problems when he set clear consequences for her actions and worked with her. In his view, Hayley’s problems were disciplinary, rather than medical, especially since Corliss applied to Champús for payment and payment was denied. On this record, we conclude that the District Court’s finding that the Anasazi treatment did not qualify as a medical related expense contemplated by the Decree was supported by substantial evidence.

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Related

In Re the Marriage of Deist
2003 MT 263 (Montana Supreme Court, 2003)
In Re the Marriage of Johnson
1999 MT 254 (Montana Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
1999 MT 254, 989 P.2d 356, 296 Mont. 311, 56 State Rptr. 1011, 1999 Mont. LEXIS 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-johnson-mont-1999.