Johnson v. Johnson

11 P.3d 948, 2000 Wyo. LEXIS 206, 2000 WL 1511206
CourtWyoming Supreme Court
DecidedOctober 12, 2000
Docket99-334
StatusPublished
Cited by18 cases

This text of 11 P.3d 948 (Johnson v. Johnson) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Johnson, 11 P.3d 948, 2000 Wyo. LEXIS 206, 2000 WL 1511206 (Wyo. 2000).

Opinion

LEHMAN, Chief Justice.

Brad Johnson filed a complaint for divorce. The trial court granted the divorce to Mr. Johnson, divided the marital property, and awarded Linda Johnson alimony in the amount of $1,200 per month for eight years. Mr. Johnson appeals this award. Finding no abuse of discretion by the trial court, we affirm.

ISSUES

Appellant presents this statement of the issues:

1. Did the trial court abuse its discretion by awarding the Appellee alimony?
2. If the trial court did not abuse its discretion in awarding alimony, did it abuse its discretion in awarding the amount to be paid?

Appellee did not file a brief with this court.

FACTS

The Johnsons were married on January 12, 1979, and had two grown sons at the time of trial. Mr. Johnson filed a complaint for divorce on October 22, 1998, which Mrs. Johnson answered pro se by arguing that she still loved her husband and believed their marital difficulties could be successfully resolved. Trial commenced on June 17, 1999. The court heard testimony that Mr. Johnson is the sole owner of two businesses, one of which is Covenant Insurance Group, Inc. (Ageney) valued by his accountant during trial at $125,000. Mr. Johnson's accountant testified that he arrived at the fair market value for the Agency by imputing a reasonable annual salary of $80,000 to its sole owner. Mr. Johnson testified that he paid himself an annual income of approximately $63,000. Mrs. Johnson, on the other hand, had a limited employment history but had been employed by the Agency with a gross income of approximately $1,600 per month until her termination by Mr. Johnson in October of 1998. During the marriage, Mrs. Johnson had become licensed as an aesthetician, cosmetologist, and nail technician. She was employed in that capacity in Saratoga at the time of trial, and testified that her average net monthly income was roughly $800. In addition to personal property, the Johnsons owned three parcels of real property: the marital residence in Cas-per; a cabin on Casper Mountain; and a half interest in a Buhl, Idaho home co-owned by Mrs. Johnson's mother.

*950 In its decree, the trial court granted Mr. Johnson his requested divorce and ordered that, per the parties' general agreement, the marital residence and the cabin should be sold and the equity applied to pay off any existing debt in the Buhl, Idaho home. Any remaining net proceeds of these sales were to be divided equally between the parties. In addition to his personal property, Mr. Johnson was awarded as his sole and separate property, the businesses, including the Agency. Aside from her personal property, Mrs. Johnson was awarded the parties' half interest in the Buhl, Idaho home and alimony of $1,200 per month for eight years, totaling $115,200.

STANDARD OF REVIEW

There are few rules more firmly established in our jurisprudence than the proposition that disposition of marital property, calculation of income for child support purposes, and the granting of alimony are within the sound discretion of the trial court. Bailey v. Bailey, 954 P.2d 962, 965 (Wyo.1998) (citing Scherer v. Scherer, 931 P.2d 251, 254 (Wyo.1997); Triggs v. Triggs, 920 P.2d 653, 656 (Wyo.1996); and Kennedy v. Kennedy, 761 P.2d 995, 997 (Wyo.1988)). Judicial discretion is a composite of many things, among which are conclusions drawn from objective criteria; it means a sound judgment exercised with regard to what is right under the cireumstances and without doing so arbitrarily or capriciously. Carlton v. Carlton, 997 P.2d 1028, 1031 (Wyo.2000); Thomas v. Thomas, 983 P.2d 717, 719 (Wyo.1999) (citing Vaughn v. State, 962 P.2d 149, 151 (Wyo.1998)). We must ask ourselves whether the trial court could reasonably conclude as it did and whether any facet of its ruling was arbitrary or capricious. Thomas, 983 P.2d at 719. In accomplishing our review, we consider only the evidence in favor of the successful party in the trial court, ignore the evidence of the unsuccessful party, and grant to the successful party every reasonable inference that can be drawn from the record. Bailey, 954 P.2d at 965; Grosskopf v. Grosskopf, 677 P.2d 814, 818 (Wyo.1984).

DISCUSSION

Mr, Johnson contends that the trial court abused its discretion when it rendered its award of alimony to Mrs. Johnson without sufficient evidence of his ability to pay, and her apparent need for, spousal support. Contrary to this contention, our review of the record discloses the evidence adequately supports the court's findings and award of alimony.

Wyo.Stat.Ann. $ 20-2-114 (LEXIS 1999) governs the division of marital property and the award of alimony; it provides:

In granting a divorce, the court shall make such disposition of the property of the parties as appears just and equitable, having regard for the respective merits of the parties and the condition in which they will be left by the divorcee, the party through whom the property was acquired and the burdens imposed upon the property for the benefit of either party and children. The court may decree to either party reasonable alimony out of the estate of the other having regard for the other's ability and may order so much of the other's real estate or the rents and profits thereof as is necessary be assigned and set out to either party for life, or may decree a specific sum be paid by either party.

As appellant correctly notes in his brief, we have held that in determining whether a spouse is entitled to be awarded alimony, the trial court considers objective criteria including "the ability of the payor spouse to pay and the necessity of support of the payee." Neville v. Neville, 8 P.3d 1072, 1073 (Wyo.2000); see also Lipps v. Loyd, 967 P.2d 558, 562 (Wyo.1998); Reavis v. Reavis, 955 P.2d 428, 435 (Wyo.1998) (citing Sellers v. Sellers, 775 P.2d 1029, 1032 (Wyo.1989)). However, "the controlling factor is the ability of the other spouse to pay alimony, though other factors may be considered." Neville, 8 P.3d at 1073; see also Batley, 954 P.2d at 967, Hendrickson v. Hendrickson, 583 P.2d 1265, 1267 (Wyo.1978); Lonabaugh v. Lonabaugh, 46 Wyo. 23, 39, 22 P.2d 199, 204 (Wyo.1933). In the instant case, the trial court in its decision letter made a specific finding that its award for alimony "is a sum which [husband] can afford particularly with *951

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wade Boyd Bloedow v. Nicole Maes-Bloedow
2024 WY 115 (Wyoming Supreme Court, 2024)
James L. Hyatt v. Tara M. Hyatt
2023 WY 129 (Wyoming Supreme Court, 2023)
Long v. Long
413 P.3d 117 (Wyoming Supreme Court, 2018)
Jeanne Porter v. David Wayne Porter
2017 WY 77 (Wyoming Supreme Court, 2017)
Tracey Kamm v. Jason Kamm
2016 WY 8 (Wyoming Supreme Court, 2016)
Jensen v. Milatzo-Jensen
2014 WY 165 (Wyoming Supreme Court, 2014)
Susanne S. Levene
2014 WY 161 (Wyoming Supreme Court, 2014)
Daniel L. Stevens v. Kacie J. Stevens
2014 WY 23 (Wyoming Supreme Court, 2014)
Opitz v. Opitz
2007 WY 207 (Wyoming Supreme Court, 2007)
Starkey v. Starkey
2007 WY 106 (Wyoming Supreme Court, 2007)
Shelhamer v. Shelhamer
2006 WY 83 (Wyoming Supreme Court, 2006)
McGuire v. Solis
2005 WY 129 (Wyoming Supreme Court, 2005)
Ready v. Ready
2003 WY 121 (Wyoming Supreme Court, 2003)
Breitenstine v. Breitenstine
2003 WY 16 (Wyoming Supreme Court, 2003)
Parsons v. Parsons
2001 WY 62 (Wyoming Supreme Court, 2001)
Belless v. Belless
2001 WY 41 (Wyoming Supreme Court, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
11 P.3d 948, 2000 Wyo. LEXIS 206, 2000 WL 1511206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-johnson-wyo-2000.