In Re the Marriage of Thompson

988 P.2d 499, 97 Wash. App. 873
CourtCourt of Appeals of Washington
DecidedNovember 22, 1999
Docket42168-9-1
StatusPublished
Cited by42 cases

This text of 988 P.2d 499 (In Re the Marriage of Thompson) 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 the Marriage of Thompson, 988 P.2d 499, 97 Wash. App. 873 (Wash. Ct. App. 1999).

Opinions

[875]*875Becker, J.

The parties asked the trial court to enforce the property distribution provisions of a dissolution decree. The court’s enforcement order reduced the wife’s award to less than originally decreed. Because the trial court lacked authority to modify the decree, its order must be reversed.

ORIGINAL DECREE

Gina and Kevin Thompson separated on January 1, 1996. Their dissolution action was tried in July, 1997. The court entered a decree of dissolution on October 14, 1997. Neither Gina nor Kevin appealed from the decree but they were unable to agree on how to put the property distribution plan into effect. By cross motions, each of them asked the trial court to enforce the decree. The trial court ruled in favor of Kevin in January, 1998. Gina has appealed from that order.

To put the present dispute in context, it is necessary to describe pertinent provisions of the original decree and the findings and conclusions that accompanied it. The court decided to divide the community property equally. The largest community asset was the home. The court found the net equity in the home to be $79,784 after deducting from its market value the balance due on the mortgage and a line of credit. Another community asset was a joint securities account valued at $7,442. The total value of community assets, including some other undisputed items, was $97,919.

The decree awarded Kevin the home and the rest of the community assets, except for the joint securities account. The trial court awarded this account to Gina. To equalize the division of the community property, the court stated in its conclusions of law that Kevin should give Gina a note, secured by the home, for $41,518 ($97,919 divided by two equals $48,959.50. Gina’s share of $48,959.50 minus $7,442 equals $41,518).

[876]*876A second securities account was a matter in dispute. Although it was in Kevin’s name, the court found it was Gina’s separate property. Its assets had been placed with Kevin for management (Kevin is a stockbroker) rather than being transferred to him or to the community. The court awarded this account to Gina and its findings stated that Kevin should transfer the account to Gina “within five working days of the entry of the decree.” An adjustment was necessary because Kevin had withdrawn $12,305 from this account for his own purposes after he and Gina separated. Kevin was to reimburse Gina for his withdrawals by adding the amount to the property equalization note.

First, however, the court gave Kevin credit for $6,251. That sum represented Gina’s share of mortgage payments made by Kevin between the date of separation and the date of trial. The court subtracted Kevin’s mortgage payment credit of $6,251 from the amount of his withdrawals from Gina’s separate securities account, leaving a balance of $6,054 owed to Gina. ($12,305 minus $6,251 equals $6,054.) This $6,054 was added to the property equalization note, so that the decree ordered Kevin to give Gina a note for $47,572. ($41,518 plus $6,054 equals $47,572.) The decree thus awarded Gina the community account, valued at $7,442; a note for $47,572 to equalize the community property distribution and reimburse Gina for Kevin’s withdrawals from her separate account; and the balance of the separate account.

Kevin made plans to refinance the house and pay Gina from the proceeds. Instead of transferring the two accounts to Gina, Kevin gave her two checks: one for $7,442 (a check issued from the separate account), and one for $6,054. Kevin asserted that the payment of $6,054 both eliminated his obligation to give Gina’s separate account back to her, and also reduced the equalization note from $47,572 (the amount specified in the decree) to $41,518. Kevin insisted that Gina provide written confirmation that her lien on the house would be fully satisfied by payment of $41,518.

Gina resisted this request. She filed a complaint to [877]*877enforce Kevin’s obligation to transfer both accounts and give her a note for $47,572. Kevin responded with a counter motion to enforce the decree. He claimed that Gina had been intransigent by refusing to cooperate with the refinancing. He asked for sanctions.

The motions came before the same trial court without argument. On January 8, 1998, the court signed Kevin’s proposed findings of fact and order requiring Gina to reduce her lien to $41,518. The order declared that Kevin, with his two payments, had satisfied in full the decree provision awarding the two accounts to Gina. The court interlineated, “it was not the accounts themselves but rather their value which the court intended to distribute.” The order imposed sanctions of $2,000 against Gina.

STANDARD OF REVIEW

Kevin argues that the abuse of discretion standard applies because Gina’s appeal is nothing more than an attempt to overturn the trial court’s decision in distributing the property. It is true that an order distributing property is reviewed for an abuse of discretion. In re Marriage of Kraft, 119 Wn.2d 438, 450, 832 P.2d 871 (1992). But Gina does not challenge the characterization of the assets or the division of property. The issue she presents involves only the interpretation of the terms of the decree.

Kevin argues that a judge’s order enforcing a decree should be reviewed for abuse of discretion because it is analogous to an order of contempt. See State v. Caffrey, 70 Wn.2d 120, 122, 422 P.2d 307 (1966) (contempt order reviewed for abuse of discretion). In both situations, he argues, the judge must determine whether a party has violated an order. Kevin does not cite authority in support of this analogy, and we do not see the two situations as comparable. The interpretation of a dissolution decree is a question of law. Chavez v. Chavez, 80 Wn. App. 432, 435, 909 P.2d 314, review denied, 129 Wn.2d 1016 (1996). Questions of law are subject to de novo review by the appellate court. McDonald v. State Farm Fire & Cas. Co., 119 Wn.2d [878]*878724, 730-31, 837 P.2d 1000 (1992). If a decree is ambiguous, the reviewing court seeks to ascertain the intention of the court that entered it by using the general rules of construction applicable to statutes and contracts. See In re Marriage of Gimlett, 95 Wn.2d 699, 704-05, 629 P.2d 450 (1981); Kruger v. Kruger, 37 Wn. App. 329, 331, 679 P.2d 961 (1984).

A trial court does not have the authority to modify even its own decree in the absence of conditions justifying the reopening of the judgment. RCW 26.09.170(1); Kern v. Kern, 28 Wn.2d 617, 619, 183 P.2d 811 (1947). An ambiguous decree may be clarified, but not modified. RCW 26.09.170(1); In re Marriage of Greenlee, 65 Wn. App.

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988 P.2d 499, 97 Wash. App. 873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-thompson-washctapp-1999.