Martinez v. Martinez

1997 NMCA 125, 950 P.2d 286, 124 N.M. 313
New Mexico Court of Appeals·Decided September 24, 1997·No. No. 17735·Published·Cited by 5 cases

Opinion

OPINION

DONNELLY, Judge.

1. Lorraine Martinez (Wife) appeals from an order denying her motion to continue and to increase a prior temporary award of spousal support. She raises two issues on appeal: (1) whether the trial court erred in denying her motion to continue and to increase spousal support; and (2) whether the trial court erred in finding that she presented no credible evidence that she suffered from mental illness. For the reasons discussed herein, we reverse and remand for further proceedings.

FACTS

2. The Parties were married to each other twice. Their first marriage lasted one year, until divorce in 1971. The Parties resumed living together in 1973 and remarried in 1976. Two children were born of this relationship. The second marriage ended in divorce in June 1994.

3. A final decree dissolving the marriage of the Parties was entered on July 1, 1994. In addition to dividing the community property and community indebtedness of the Parties, the trial court ordered that Richard Martinez (Husband) pay spousal support to Wife in the amount of $1100 per month for twenty-four months. The decree also provided, in part:

Unless otherwise modified, extended, reduced or eliminated, the obligation to pay alimony herein shall terminate on May 31, 1996. In the event [Wife] petitions the Court to extend [the] alimony award at any amount, she shall be required to prove she has undertaken reasonable steps toward her rehabilitation and employment during the two years in which she receives alimony.

4. On February 27, 1996, Wife filed a motion to continue and increase the prior award of spousal support. At the hearing on Wife’s motion, she presented testimony that she worked primarily as a homemaker and mother during the marriages of the Parties. The evidence also indicated that although Wife worked as a clerk-typist prior to the first marriage, she did not work outside the home during the second marriage. During the two-year period that Wife received rehabilitative alimony following the second divorce, Wife took two classes at TV-I in Albuquerque, New Mexico: a human relations class and a computer class. During this period, she also obtained a sales clerk job at Sears which she held briefly until she resigned because of alleged mental and emotional problems. Thereafter, Wife obtained a part-time job working twenty-five hours a week as a file clerk in an Albuquerque law film. Wife testified she suffered from mental illness which restricted her ability to work or participate in rehabilitative training.

5. Following the hearing the trial court denied Wife’s motions to extend or enlarge the award of spousal support. Thereafter, Wife filed a motion for reconsideration and attached an affidavit from Celeste Layne, a clinical psychologist, stating, among other things, that she had treated Wife for mental and emotional problems; that Wife suffered from panic disorder with agoraphobia; and that Dr. Stellman, a psychiatrist, had prescribed medications to treat Wife’s condition. Ms. Layne further stated that considering the significant psychological problems Wife suffers from, together with the heavy medication prescribed for her, she “has done and is doing all she can manage.” The trial court denied the motion for reconsideration. During the pendency of this appeal, this Court remanded the case for the limited purpose of entering additional findings of fact and conclusions of law and, in the discretion of the trial court, to allow the Parties to file proposed findings of fact and conclusions of law on the issues previously argued during the proceedings below. The trial court permitted the Parties to file additional findings of fact and conclusions of law. Thereafter, each of the Parties submitted requested findings of fact and conclusions of law, and the trial court filed its findings of fact and conclusions of law. On November 14, 1996, the trial court entered a final order denying Wife’s request for an increase and continuation of spousal support.

DISCUSSION

6. Wife argues that the trial court erred in denying her motion to continue and increase spousal support, and that the trial court failed to consider the evidence of Ms. Layne, a psychologist, that Wife suffered from mental illness. Similarly, Wife’s second issue raised on appeal asserts that the trial court erred in refusing to adopt findings of fact regarding Wife’s age, health (including mental health), and financial status as it related to her claim that she is mentally disabled and lacked the ability to fully provide for herself. Because the two issues raised by Wife are interrelated, we jointly analyze and discuss these contentions on appeal.

7. In denying Wife’s motion for rehearing, the trial court found, among other things, that the final decree provided that Husband’s obligation to pay alimony would terminate on May 31, 1996, “[u]nless otherwise modified, extended, reduced or eliminated”; that Wife was required to prove that she has undertaken reasonable steps toward her rehabilitation and employment during the two-year period following the divorce; and that, although Wife took two classes at Albuquerque TV-I, she “has not enrolled in or engaged in any educational or vocational program in furtherance of any rehabilitation or career development.” The trial court also found that Wife “presented no credible evidence in support of her claim of mental illness as it might impede her ability to meet the [requirements] of the Final Decree.”

8. Husband’s answer brief urges that we affirm the trial court’s order entered below. He points out that Wife’s therapist did not testify at the hearing on the motion to continue spousal support and that, although Wife testified concerning her claim of mental illness at the initial hearing, “the true substance of [the therapist’s] testimony was set out in affidavits attached to the motion for reconsideration.”

9. Wife argues, however, that, on motion for rehearing, her psychologist, Ms. Layne, confirmed Wife’s claim of mental illness; that in Ms. Layne’s opinion Wife suffers from panic disorder with agoraphobia, together with symptoms of depression and anxiety; that this condition can make it impossible to work full-time; that “[p]anic disorder with agoraphobia is an extremely limiting and debilitating illness”; and that, although Wife has achieved marked psychological progress toward her own rehabilitation, working more than she is currently attempting “could be injurious and cause a relapse.” Ms. Layne also stated that Wife’s “condition is serious enough that she was hospitalized in June of 1993,” and that she “had suicidal ideation in September of 1994 and again in April, 1996.”

10. The grant or denial of spousal support is a matter primarily entrusted to the sound discretion of the trial court. See Rabie v. Ogaki, 116 N.M. 143, 146, 860 P.2d 785, 788 (Ct.App.1993). In reviewing an appeal from an order denying a motion for reconsideration, the appellate court examines the record to determine whether the trial court’s ruling constituted an abuse of discretion. See In re Estate of Kyreazis, 103 N.M. 2, 5, 701 P.2d 1022, 1025 (Ct.App.1984); cf. Sandoval v. Sandoval, 61 N.M. 38, 42, 294 P.2d 278

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Martinez v. Martinez, 1997 NMCA 125, 950 P.2d 286, 124 N.M. 313 (N.M. Ct. App. 1997).

1997 NMCA 125 (Martinez v. Martinez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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