Matter of Marriage of Mathews

853 P.2d 462, 70 Wash. App. 116, 1993 Wash. App. LEXIS 233
CourtCourt of Appeals of Washington
DecidedMay 25, 1993
Docket11902-5-III; 12165-8-III
StatusPublished
Cited by64 cases

This text of 853 P.2d 462 (Matter of Marriage of Mathews) 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
Matter of Marriage of Mathews, 853 P.2d 462, 70 Wash. App. 116, 1993 Wash. App. LEXIS 233 (Wash. Ct. App. 1993).

Opinions

Thompson, J.

Donald C. Mathews appeals a decree of dissolution, assigning error to (1) the property division, (2) the maintenance award, and (3) the order that he pay Mrs. Mathews' attorney fees. He also appeals a postdissolution order, challenging the court's (1) finding him in contempt for failing to comply with the decree of dissolution, and (2) ordering him to execute a wage assignment. We affirm in part and reverse in part.

M. Carolyn and Donald Mathews were married on May 2, 1964. During the marriage, Mrs. Mathews worked as a homemaker and cared for the couple's four children. Mr. Mathews worked as a Spokane Valley firefighter. He was also involved in a number of moonlight business ventures which supplemented the family's income.

At the time of the couple's separation on July 1, 1989, Mrs. Mathews, age 47, had minimal employment skills and work experience. She worked part time as a church bookkeeper-secretary earning $455 per month. Her retirement account was valued at $810. Mrs. Mathews suffered from a peptic ulcer, disabling migraines and stress, and was under the care of a clinical social worker. Mr. Mathews, age 48, earned a net monthly income of $2,800 as a firefighter. His retirement account after 23 years of service was valued at [119]*119$73,564 as of the date of the separation. The couple's four children are emancipated.

Following a 4-day trial, the court found that during the course of the marriage, Mr. Mathews evidenced an ability "to earn income from activities separate and apart from the fire department income .. .". The court found Mrs. Mathews' resources were minimal and, in order to raise a family, she had sacrificed her ability to be employed. The testimony of Mrs. Mathews' two doctors and her counselor raised a "question as to whether or not she will ever be able to handle frill-time gainful employment".

The court valued the family residence, held as community property, at $95,000. The residence was subject to a mortgage balance of $23,500, repair costs of $4,059, and selling costs of $9,5001 The court awarded Mrs. Mathews the net value of the residence, $57,941, but imposed a $15,000 non-interest-bearing judgment lien on the residence in favor of Mr. Mathews. Mrs. Mathews was also awarded, through a qualified domestic relations order (QDRO), a one-half interest in Mr. Mathews' retirement account valued as of the date of the separation. 2 The couple's personal community assets [120]*120were valued at approximately $29,000. The court awarded Mrs. Mathews $13,650 of these assets and separate property valued at $750.

Mr. Mathews was awarded his separate property valued at $2,200, a one-half interest in his retirement account as of the date of the couple's separation, a $15,000 lien on the residence, $5,000 worth of equipment used in a construction company he had operated while married, and other community assets valued at about $10,000. Mr. Mathews was ordered to pay the real estate taxes on the family residence, Mrs. Mathews' health insurance premiums for 3 years, and her tuition for 6 quarters of schooling so that she could obtain training as a medical secretary. A judgment was entered against Mr. Mathews for Mrs. Mathews' attorney fees in the amount of $16,500. Mr. Mathews was ordered to pay a $2,000 debt of the construction company.

The court awarded Mrs. Mathews $1,400 per month maintenance, payable until her death, remarriage, or upon her obtaining foil-time, gainful employment. The court's finding, in part, reads:

Should wife's physical and mental health conditions allow her to be full-time gainfully employed and should she demonstrate a substantial and reasonable capacity to earn, for a reasonable period of time, an income substantially and reasonably commensurate with spousal maintenance ordered here, then, and in that event, spousal maintenance herein may be modified and/or terminated.

The maintenance award was to be reduced, dollar for dollar, by any Social Security benefits Mrs. Mathews received in the future. A decree of dissolution was entered; Mr. Mathews appealed.

While the appeal was pending, Mrs. Mathews filed a motion to show cause regarding contempt for Mr. Mathews' failure to (1) pay spousal maintenance (arrearages equaled $3,575); (2) pay real properly taxes due on the family home (amount due $2,472.34); (3) pay Mrs. Mathews' health insurance premiums; and (4) remove certain items of personal property from the family home. Mr. Mathews argued that he did not have [121]*121the financial ability to pay Mrs. Mathews. The court concluded that Mr. Mathews had willfully violated the decree and held him in contempt. Judgment was entered against Mr. Mathews. The court ordered him to execute a wage assignment directing the Spokane Valley Fire Department to automatically withhold funds sufficient to meet his maintenance obligation. Mr. Mathews' appeal of the court's postdissolution order was consolidated with his appeal of the dissolution decree.

First, Mr. Mathews contends the property division was. not fair and equitable. He argues that Mrs. Mathews was awarded a disproportionate share of the assets and that she was repeatedly favored in the court's valuation of the assets. In dividing property in a dissolution proceeding, the

court shall, without regard to marital misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including, but not limited to:
(1) The nature and extent of the community property;
(2) The nature and extent of the separate property;
(3) The duration of the marriage; and
(4) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to a spouse with whom the children reside the majority of the time.

RCW 26.09.080.

The paramount concern is the economic condition in which the decree will leave the parties. In re Marriage of Tower, 55 Wn. App. 697, 700, 780 P.2d 863 (1989), review denied, 114 Wn.2d 1002 (1990). The parties' relative health, age, education and employability are also considered. In re Marriage of Dessauer, 97 Wn.2d 831, 839, 650 P.2d 1099 (1982). "The key to an equitable distribution of property is not mathematical preciseness, but fairness." In re Marriage of Clark, 13 Wn. App. 805, 810, 538 P.2d 145, review denied, 86 Wn.2d 1001 (1975). A trial court has broad discretion in its division of property. Baker v. Baker, 80 Wn.2d 736, 747, 498 P.2d 315 (1972).

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853 P.2d 462, 70 Wash. App. 116, 1993 Wash. App. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-marriage-of-mathews-washctapp-1993.