Kevin R. Carbaugh v. Nancy B. Nichols, f/k/a Nancy B. Carbaugh

2014 WY 2, 315 P.3d 1175, 2014 WL 31325, 2014 Wyo. LEXIS 2
CourtWyoming Supreme Court
DecidedJanuary 6, 2014
DocketS-13-0089
StatusPublished
Cited by15 cases

This text of 2014 WY 2 (Kevin R. Carbaugh v. Nancy B. Nichols, f/k/a Nancy B. Carbaugh) 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
Kevin R. Carbaugh v. Nancy B. Nichols, f/k/a Nancy B. Carbaugh, 2014 WY 2, 315 P.3d 1175, 2014 WL 31325, 2014 Wyo. LEXIS 2 (Wyo. 2014).

Opinion

DAVIS, Justice.

[11] The district court modified the custody, visitation, and child support provisions of the decree which divorced these parties. Appellant Kevin Carbaugh (Father) does not challenge the modification, but claims that the district court abused its discretion when it entered a written order which he contends differs from an oral ruling concerning his obligation to reimburse Appellee Nancy Nichols (Mother) for medical and other expenses of one of the parties' children. We find no abuse of discretion and therefore affirm. We also deny Mother's request for sanctions under Wyoming Rule of Appellate Procedure 10.05.

ISSUES

[12] 1. Did the district court abuse its discretion when it declined to determine the amount Father owed Mother to reimburse her for expenses she had incurred for health care of one of the parties' children?

2. Is Mother entitled to an award of attorney fees and costs under Wyoming Rule of Appellate Procedure 10.057

FACTS

[13] The parties married in 1995 and divoreed in 2005. The divorce decree awarded them joint custody of their two children, J.C. and M.C. Each parent was allowed to have the children fifty percent of the time, and child support was calculated on that basis. Father was required to provide health insurance for the children, and the parties were required to equally divide any remaining "health, medical, dental, orthodontic, eye care, prescriptions and/or counseling expenses" not covered by insurance. See Wyo. Stat. Ann. § 20-2401 (LexisNexis 2013) 1 The district court awarded child support in accordance with the applicable statutory guidelines. See Wyo. Stat. Ann. §§ 20-2-301 to -816 (LexisNexis 2018).

[14] Mother moved to modify the eusto-dy provisions of the decree in 2009, elaiming that the joint custody arrangement was not working and that there were other grounds for modification. She also asked the court to modify the support provisions of the decree, because if she was awarded primary custody and Father did not have the children fifty percent of the time, his support obligation would increase 2 The designated record is *1177 limited, but what we have available to us contains no indication that she or Father asked the court to modify the provisions of the decree governing payment of medical expenses incurred for the benefit of the children.

[15] When the matter went to hearing, Mother explained the problems that had led her to seek a modification of the decree. M.C. suffers from diabetes and an eating disorder, and she has had extensive treatment for both. Mother did not testify to the costs of treatment except during the following exchange about how the treatment bills had been paid:

[Mother's Attorney]. While I'm thinking of it. The Center for Change [a treatment facility in Utah], was that covered entirely by insurance?
[Ms. Nichols]. No, it was not.
Q. How much out-of pocket did you spend toward medical bills for Center for Change?
A. Um, my family and I spent at least $15,000.
Q. Have you incurred significant medical expenses throughout this process?
A. Yes, I have.
Q. What have those expenses been?
A. Those I don't have the details of off the top of my head.
Q. What is your monthly prescription cost for [MC]?
A. Those run anywhere from $150 up to about $300 a month.
Q. Is that covered by insurance?
A. That's after insurance. That's the insurance co-pay.
Q. So you've been bearing those costs yourself?
A. Yes.
Q. Would you like the Judge to consider that when he apportions the responsibility for the other expenses?
A. Yes, please.

[16] The record indicates that the reference to "other expenses" probably related to attorney fees, a custody evaluation, and fees of a guardian ad litem incurred in the modification proceedings. Neither of the parties challenged the original medical payment requirements in the modification proceedings. The district judge commented on the medical payment obligations under the decree:

THE COURT: .... Mr. Carbaugh, I think it's appropriate for you to share in the uncovered medical expenses that have been incurred for the care of [M.C.].
So, Ms. Nichols, you will need to get together those statements. I assume there are hundreds of them."
MS. NICHOLS: (Nodded.)
[[Image here]]
THE COURT: .... Any other questions.
[Father's attorney]: I just have one, Your Honor. To get it right, the parties split [guardian 'ad litem fees], my client absorbs all of the [custody evaluator fees], and half of the $15,000 that she says she owes, is that right, for the treatment facility?
THE COURT: That's right.

[T7] The parties submitted competing orders after the hearing, and the court entered a written order modifying custody, visitation, and child support. See W.R.C.P. 58 (process of entry of judgment or order). We are unable to determine from the record itself which party submitted the order ultimately entered, although Mother's brief represents that it was prepared by Father's attorney. The order awarded each parent primary custody of one child, with Mother as M.C.'s primary custodian. The order stated in the last paragraph that "[Father] shall reimburse [Mother] for one-half of the uncovered medical costs for medical care for MC, in-the amount-of-$----" The district judge initialed the stricken portion of the text. The party submitting the order obviously anticipated that the judge would fill in the amount he concluded Father owed, but the judge declined to do so, striking out that portion.

*1178 [18] The order modifying the decree also required Father to provide health, dental and vision insurance on behalf of both of the minor children if it was reasonably affordable through his employment or otherwise. It also provided that "[the parties shall split 50/50 any and all non-covered and deductible amounts, including prescriptions, dental, eye care, orthodonture, counseling and all other health related needs of the child and expenses not covered by insurance." This provision is substantially similar to that of the divorce decree.

[19] This appeal was timely perfected.

DISCUSSION

[110] Father does not challenge any part of the order modifying custody and support except that in which the court declined to determine the amount he owed Mother to reimburse her for medical expenses.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 WY 2, 315 P.3d 1175, 2014 WL 31325, 2014 Wyo. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kevin-r-carbaugh-v-nancy-b-nichols-fka-nancy-b-carbaugh-wyo-2014.