In Re the Marriage of Wright

896 P.2d 735, 78 Wash. App. 230
CourtCourt of Appeals of Washington
DecidedJune 21, 1995
Docket15586-9-II
StatusPublished
Cited by31 cases

This text of 896 P.2d 735 (In Re the Marriage of Wright) 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 Wright, 896 P.2d 735, 78 Wash. App. 230 (Wash. Ct. App. 1995).

Opinion

Alexander, J. *

Lynette Wright appeals a decree of dissolution, claiming errors by the trial court in the determination of child support and the division of property. *233 She also claims that the trial court erred in denying her request for spousal maintenance and in declining to award her attorney fees. We affirm.

Lynette Wright and Kim Wright were married in September 1976. Five children were born to the Wrights during the course of their marriage. The Wrights separated in December 1989 and thereafter Kim filed a petition for dissolution of the marriage.

At the conclusion of the dissolution trial, the trial court awarded Lynette 60 percent of the equity in the Wrights’ family home and the use of it until it was sold. Lynette was also awarded an approximate 50 percent interest in two retirement funds. The trial court characterized these funds as community property and placed a present value on them of $63,467. The decree provided that Kim was to pay Lynette for her interest in the retirement funds in monthly installments of $487 per month. Lynette was not awarded any interest in an account in Kim’s name with United Services Automobile Association (USAA), an account which the trial court found had a value of $10,000. Neither was she awarded any portion of Kim’s retroactive pay-

Lynette was awarded the primary residential custody of the Wrights’ children. Kim Wright was ordered to pay monthly support for the children in the amount of $1,839, based on a finding that his monthly income was $4,950 and that Lynette’s income was $1,700 per month, of which $300 per month was imputed. Lynette’s request for maintenance was denied, and she was awarded attorney fees of $2,500.

I

Child Support

Lynette Wright asserts that the trial court erred in imputing monthly income of $300 to her in addition to her actual income of $1,400. The trial court imputed that amount of income to Lynette, concluding that "it is reasonable that the Respondent [Lynette] could earn a net *234 monthly income of $1,700” and that she had "choices” of employment "available to her”. In that regard, the record disclosed that Lynette was employed half-time as a nurse at a Veterans’ Administration hospital and part-time with the National Guard. She earned $1,400 each month from the two part-time employers. There was also evidence that Lynette could obtain full-time employment as a nurse.

Lynette argues that because she is working halftime at a hospital, is the primary caretaker of five children ranging in age from 9 to 12, and is a member of the National Guard, she is doing all that she can be expected to do and no additional income should be imputed to her. Although this court is sympathetic to the significant difficulties faced by a single parent, we have held that voluntary under-employment by either parent will not shield that parent from a child support obligation. In re Marriage of Jonas, 57 Wn. App. 339, 788 P.2d 12 (1990). This principle applies with equal force to men and women, regardless of the merit of the reason for the underemployment. Jonas, 57 Wn. App. at 340. Because the record discloses that Lynette Wright could have obtained full-time employment as a nurse, we cannot say that the trial court erred in imputing additional income of $300 per month to her for purposes of calculating child support. This was an amount that was substantially less than the additional amount she could earn if she obtained full-time employment and, thus, the imputation cannot be said to be an abuse of discretion.

II

Property Division

The division of marital property is governed by the provisions of RCW 26.09.080. In general, the trial court’s division of marital property will not be reversed on appeal ' absent a showing of manifest abuse. In re Marriage of Kraft, 119 Wn.2d 438, 450, 832 P.2d 871 (1992). Review of this issue is limited to whether the trial court’s distribution of property was fair and equitable. In re Marriage of *235 Pearson-Maines, 70 Wn. App. 860, 855 P.2d 1210 (1993). Lynette Wright assails the trial court’s division of the marital property in several respects. We will discuss each.

A

Pension Plans

Pension benefits constitute property rights in the nature of deferred compensation, even if the benefits are not presently payable. In re Marriage of Bulicek, 59 Wn. App. 630, 800 P.2d 394 (1990). Several methods of allocating pension rights have been approved by the courts of this state. One approved method is to award the entire interest in the pension to one party and to award the other party a sum certain which may or may not be payable over a specified period of time. DeRevere v. DeRevere, 5 Wn. App. 741, 746, 491 P.2d 249 (1971). That is precisely what the trial court did here. It awarded Kim the right to receive the pension at the time it is paid out and it ordered Kim to pay Lynette for her interest over a period of time, in lieu of her continued participation in the retirement plan.

Lynette does not challenge the value the trial court placed on the two pensions or the characterization of the property as community property. She argues only that the practical result of the trial court’s choice to allow Kim to pay Lynette for her interest over time is to deny her the ability to realize any funds from the pension for her retirement. Her argument is somewhat hard to follow, but essentially she asserts that she is forced to use her share of the pension plan to meet her current needs instead of applying her interest in the pension plan toward a retirement account which will benefit her in the future. She argues, additionally, that allowing Kim to pay the amount over a period of months reduces the amount of money Kim has available to pay child support, attorney fees, maintenance and costs.

Lynette’s concerns regarding the use of the funds af *236 ter they have been put into her possession are of no significance. This court cannot disturb a trial court’s distribution of community property based on speculation as to how a recipient of those funds will use them. Lynette is, of course, free to use these funds as she sees fit. Nothing in the decree inhibits her from investing the funds in ways that will benefit her upon retirement. Lynette’s complaint that the provision had an adverse affect on the amount of child support, maintenance, and attorney fees to be paid by Kim is also without merit.

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Bluebook (online)
896 P.2d 735, 78 Wash. App. 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-wright-washctapp-1995.