Mentock v. Mentock

638 P.2d 156, 1981 Wyo. LEXIS 408
CourtWyoming Supreme Court
DecidedDecember 30, 1981
Docket5548
StatusPublished
Cited by81 cases

This text of 638 P.2d 156 (Mentock v. Mentock) 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
Mentock v. Mentock, 638 P.2d 156, 1981 Wyo. LEXIS 408 (Wyo. 1981).

Opinions

RAPER, Justice.

This appeal arises from a district court’s denial of appellant’s request for an increase in child support payments. Appellant contends that the district court abused its discretion in the matter by failing to adequately consider the welfare of the parties’ child and acknowledge the detrimental impact of inflation upon appellant’s ability to use the support payments, at their current levels, to provide for the child. Appellant also argues that the district court applied the wrong law in this case by ruling that there had to have been a change in circumstances which could not have been foreseen in order to warrant a change in the amount of the support payments. Finally, appellant questions the propriety of the district court’s actions in attempting to negotiate a settlement.

We will affirm.

I

On June 6,1970, the parties were married in Sheridan, Wyoming, where they resided. In 1973 a son was born, the only issue which resulted from the marriage. On August 1, 1975, appellant filed for divorce. A decree of divorce was rendered on September 9, 1975, which incorporated a settlement agreement between the parties. As a result, appellant received custody of the child while appellee was obligated to provide monthly child support payments in the amount of one hundred dollars. The appel-lee, by the terms of the agreement, would have custody of the child during the summer months upon his reaching age five. During the time the appellee had custody, support payments were to be suspended. The appellee agreed also to pay all medical expenses for the child. The record discloses that appellee has had the partial custody agreed upon, and he pays for life insurance and hospital insurance for the child. The division of the marital property was such that appellant received the marital residence.

In September, 1976, appellant moved to Missouri where she had lined up a job which, according to her motion to modify, was to “better her position in life, and raise the standard of living of herself and her child by accepting new employment * * This was only after appellant had moved the court for a modification of the divorce decree to change the visitation rights to reflect the move, including custody in ap-pellee between June 10 and August 25 of each year; and the district court had granted the modification.

Then, sometime during 1979, appellant sold the family house. Her net proceeds from the sale totaled approximately $20, 000. With that money, appellant bought an $8,000 Pontiac Trans Am and some household furniture. She also indicates she paid bills and made other expenditures such that only $500 of the proceeds remained at the time of the trial.

In addition to what has been required of appellee by agreement and decree, appellee has established for the youngster a $1,100 savings account, sends him a regular spending money allowance and has purchased him clothing. No claim had been made that appellee has in any way failed to comply with the divorce decree as modified.

It was in April of this year — 1981—that appellant petitioned for another modification of the divorce decree. In her petition she asked that the monthly support payments be raised to $200. It should be noted that in her petition she acknowledged having received from appellee the previous month an offer to raise the support payments to $125, but that she had refused this and instead countered with a demand for an increase to $150.

[158]*158The case proceeded to hearing on May 7, 1981. Appellant contends that prior to commencement of the transcribed proceedings, the trial judge attempted to negotiate a settlement. There is nothing in the record to support this contention.

Following the hearing, the district court denied appellant’s petition. From the order entered on June 1, 1981, embodying that decision, appellant has processed this appeal.

II

We will first turn our attention to the question of when may a district court raise monthly child support payments. The law in Wyoming is clear that, as a general rule, a divorce decree is res judicata on all issues therein decided. Heyl v. Heyl, Wyo., 518 P.2d 28 (1974). This doctrine is mandated by public necessity; there must be an end to litigation at some point, or else the legal system would become so bogged down that nothing would ever remain decided. Rubeling v. Rubeling, Wyo., 406 P.2d 283 (1965).

Nevertheless, this court has recognized that, in certain circumstances, modifications of divorce decrees are necessary. In order for a modification to be warranted, it must be established that there has been a material or substantial change in circumstances which outweighs society’s interest in applying the doctrine of res judicata. Rubeling v. Rubeling, supra. The burden of proof lies with the party seeking the modification. Laughton v. Laughton, 71 Wyo. 506, 259 P.2d 1093, 43 A.L.R.2d 351 (1953).

When the modification sought involves the question of custody of the child, that child’s welfare must be given paramount consideration. Laughton v. Laugh-ton, supra. However, it is imprudent to contend that, when the question involves support payments, the matter should be decided without consideration of the paying parent’s ability to pay, the recipient’s spending habits, and all other surrounding circumstances. Redman v. Redman, Wyo., 521 P.2d 584, 587 (1974). See also, § 20-2-113(a), W.S.1977.1 This court in Redman agreed with the proposition that a child support order may not accurately reflect what children actually require but, rather, what the parent can reasonably be expected to pay. The circumstances of the parents are recognized by our controlling statute as well. Even in unbroken homes a child’s monetary needs must be limited by the parents’ income. Child support cannot be determined in a vacuum. If a child’s wants and needs were to be the sole criterion, then child support may have to fall upon the state since few parents are able to raise their children without having to make do with what they have.

Appellant tries to point to Rubeling v. Rubeling, supra, for the proposition that appellee’s ability to pay should have been ruled irrelevant to the trial on whether to grant the modification in support payments. However, her reliance on Rubeling v. Ru-beling, supra, is misplaced. That case involved a petition by the husband which sought to reduce the support payments. There the court, while considering whether a change in circumstances occurred, observed:

“Unfortunately, we have no record of proceedings in connection with the court’s first modification. Although counsel for the husband suggests that the divorced wife has an improved income situation, he admits the record fails to support his contention in that regard, because it does [159]*159not reflect what her income situation was at the time of the last previous modification.
“Likewise, it is not shown that the husband has less income. In fact, appellee suggests his income was nominally increased.” 406 P.2d at 284-285.

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

Related

Vanessa Taulo-Millar v. Kormakur Hognason
2022 WY 8 (Wyoming Supreme Court, 2022)
Megan B. Golden v. Todd A. Guion
2016 WY 54 (Wyoming Supreme Court, 2016)
Kappen v. Kappen
2015 WY 3 (Wyoming Supreme Court, 2015)
Jeffrey R. Arnott v. Paula a/k/a Polly A. Arnott
2012 WY 167 (Wyoming Supreme Court, 2012)
Durfee v. Durfee
2009 WY 7 (Wyoming Supreme Court, 2009)
Shelhamer v. Shelhamer
2006 WY 83 (Wyoming Supreme Court, 2006)
Maher v. Maher
2004 WY 62 (Wyoming Supreme Court, 2004)
Ready v. Ready
2003 WY 121 (Wyoming Supreme Court, 2003)
Daniels v. Carpenter
2003 WY 11 (Wyoming Supreme Court, 2003)
Pasenelli v. Pasenelli
2002 WY 159 (Wyoming Supreme Court, 2002)
Bloomquist v. State
914 P.2d 812 (Wyoming Supreme Court, 1996)
Madison v. Madison
859 P.2d 1276 (Wyoming Supreme Court, 1993)
Jones v. Jones
858 P.2d 289 (Wyoming Supreme Court, 1993)
Pauling v. Pauling
837 P.2d 1073 (Wyoming Supreme Court, 1992)
Harvey v. State
835 P.2d 1074 (Wyoming Supreme Court, 1992)
Kidd v. Kidd
832 P.2d 566 (Wyoming Supreme Court, 1992)
Engle v. State
821 P.2d 1285 (Wyoming Supreme Court, 1991)
Roberts v. Roberts
816 P.2d 1293 (Wyoming Supreme Court, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
638 P.2d 156, 1981 Wyo. LEXIS 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mentock-v-mentock-wyo-1981.