Kartchner v. Kartchner

2014 UT App 195, 334 P.3d 1, 767 Utah Adv. Rep. 17, 2014 WL 3953478, 2014 Utah App. LEXIS 194
CourtCourt of Appeals of Utah
DecidedAugust 14, 2014
Docket20130014-CA
StatusPublished
Cited by19 cases

This text of 2014 UT App 195 (Kartchner v. Kartchner) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kartchner v. Kartchner, 2014 UT App 195, 334 P.3d 1, 767 Utah Adv. Rep. 17, 2014 WL 3953478, 2014 Utah App. LEXIS 194 (Utah Ct. App. 2014).

Opinion

GREENWOOD, Senior Judge:

{1 Kathalyn Kartchner (Wife) appeals from the trial court's judgment in favor of Kelly Kartchner (Husband) on his claim of fraud upon the court. We affirm.

BACKGROUND 2

$2 Husband and Wife married in 1976. Wife dropped out of college shortly thereafter when she became pregnant, and Husband continued his studies and eventually completed medical school. In 1998, the couple began to have marital difficulties and separated. Wife filed for divorcee. The parties executed a separation agreement that was filed with the court, As provided in the agreement, Husband gifted his interest in the marital home to Wife and paid Wife alimony and child support totaling $19,560 per month. Husband did so in order to provide long-term stability for Wife and their children. After two or three months of separation, the parties reconciled and Husband moved back into the home. Despite this reconciliation, Husband continued to make separate maintenance payments to Wife, and Wife used those funds to make the mortgage payments on the marital home, which remained in her name.

13 In 2006, Husband asked for a divorce. As part of their negotiations, Husband agreed to pay alimony to Wife even if Wife were to eventually remarry. Wife had a stipulation prepared that reflected this agreement (the 2006 Stipulation). The 2006 Stipulation required Husband to pay approximately $28,000 per month in total support. After all the children reached majority, Husband's support payments would decrease to $18,000 per month. This amount would continue as long as both Husband and Wife lived, but it would decrease if Wife or a future husband earned an income. Husband agreed to this provision because he felt guilty about seeking a divorcee. The 2006 Stipulation also provided that Wife would retain the marital home. In April 2006, the parties signed the 2006 Stipulation, and Wife filed it *4 with the court. The 2006 Stipulation also stated that there were irreconcilable differences between Husband and Wife, but it did not describe their differences. Although Wife agreed to take the necessary actions to finalize the divorce, she did not do so.

T4 Instead, Husband and Wife reconciled again in August 2006. The 2006 Stipulation remained in the court's file, but neither party made efforts to finalize the divorce. As was the parties' habit for the preceding eight years, Husband continued to make separate maintenance payments to Wife as outlined in the 1998 separation agreement. Husband also made the payments on a credit card that Wife used for household expenses.

1 5 In 2007, Wife began earning an income as a distributor for a multi-level marketing company. Wife never accounted to Husband for this income, but he was not unaware of it. Nevertheless, Husband's separate maintenance payments never decreased relative to Wife's income, and neither party contemplated that the payments should be reduced.

1 6 While the parties were on a Mediterranean cruise in 2009, Wife informed Husband that she wanted to proceed with the divorce. Immediately after the cruise, Husband went to Egypt for a volunteer medical mission from April 16 to May 4, 2009. When Husband returned home, Wife told him to stay in a hotel room she had reserved for him, where she had left an envelope for him containing a copy of proposed findings of fact and conclusions of law based on the parties' 2006 Stipulation. When Husband called and asked Wife about the document, Wife indicated that she intended it to be a starting point for discussion and that they needed to reach an agreement on the final terms of the divorce decree. However, Wife did not disclose that the documents had been submitted to the court for signature. Rather, she discussed their details with Husband as if she were negotiating with him, and the parties talked about whether they should finalize the divoree based on the terms of the 2006 Stipulation or whether to discard those terms and start over. Husband also expressed his disagreement with the 2006 Stipulation's de-seription of Husband's and Wife's respective incomes and with the requirement that Husband pay alimony even if Wife were to remarry. As an alternative, Husband proposed using a fixed percentage of his income as a basis for alimony, but Wife informed him that her attorney opined that the court would not approve such a term.

17 Contrary to her representations to Husband, Wife had already instructed her attorney to finalize the divorce based on the 2006 Stipulation. In fact, Wife's attorney had followed these instructions by filing the proposed findings of fact and conclusions of law and a decree of divorce with the court and had submitted them to the court for finalization on May 1, 2009-three days before Husband's return from Egypt. These proposed findings and decree were outdated and contained several inaccuracies. 3 For instance, the proposed findings incorrectly represented that Wife was not gainfully employed. In an apparent effort to cure this misrepresentation and to render the proposed findings more reflective of then-present facts, Wife abruptly resigned her position with her company. Wife never returned to work but continued to receive commissions throughout the ensuing months.

18 The court did not immediately sign Wife's proposed final documents. Had the court signed them soon after filing, as Wife intended, Husband would have been divoreed, without notice, before returning from Egypt. Due to Wife's attorney's initial failure to file some required documents, he filed additional documents on June 24, 2009. That same day, he mailed a copy of a statement of compliance to Husband. This document, however, did not notify Husband that a divoree was being finalized based on the outdated 2006 Stipulation. On July 22, 2009, Wife's attorney mailed a copy of a request to submit for decision to Husband. This doeument should have notified Husband that Wife was seeking to finalize the divorce, yet Husband did not immediately respond. Throughout the period of May to July 2009, *5 Wife continued to feign negotiations with Husband, even as her attorney was trying to finalize the divorcee. On July 28, 2009, the court entered the divorce decree (the 2009 Decree).

T9 The next day, Husband learned that the parties' divorcee had been finalized. Because Husband hoped to reconcile with Wife, Husband did not move for relief from the 2009 Decree. In early 2010, Husband consulted with an attorney who advised him that the court would not consider the case because more than ninety days had passed since the date of the 2009 Decree. During this period, Husband frequently told Wife that he did not agree with the 2009 Decree and that he would not pay alimony once she remarried. Husband continued to make payments to Wife, albeit not in the amounts prescribed by the 2009 Decree. 4

T10 In the summer of 2010, Husband learned that Wife was romantically involved with another man (Boyfriend). In June 2011, Husband tried to release himself from the obligation to pay alimony after Wife's remarriage by offering to pay off Boyfriend's debts. A month later, Wife announced her engagement to Boyfriend. In late September 2011, Wife married Boyfriend.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 UT App 195, 334 P.3d 1, 767 Utah Adv. Rep. 17, 2014 WL 3953478, 2014 Utah App. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kartchner-v-kartchner-utahctapp-2014.