Mitchell v. Mitchell

499 N.W.2d 386, 198 Mich. App. 393
CourtMichigan Court of Appeals
DecidedMarch 1, 1993
DocketDocket 135982
StatusPublished
Cited by7 cases

This text of 499 N.W.2d 386 (Mitchell v. Mitchell) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. Mitchell, 499 N.W.2d 386, 198 Mich. App. 393 (Mich. Ct. App. 1993).

Opinion

Shepherd, P.J.

Defendant, David C. Mitchell, appeals as of right from a November 27, 1990, circuit court order clarifying temporary support orders. We affirm.

On July 20, 1987, plaintiff, Lila Patricia Mitchell, filed a complaint seeking a divorce, along with child support, alimony, and other relief related to the maintenance of the marital home. Subsequently, on August 26, 1987, the circuit court entered an order awarding temporary support payments to plaintiff. This order states in pertinent part:-

It is further ordered that the defendant shall pay to the plaintiff the sum of $1,000 per month as interim support with said payments to continue during the pendency of this matter or until further order of the Court subject to a review, if desired by either party in two months.

On October 25, 1988, the trial court issued an order modifying the original interim support order to include an alimony component. That order states in pertinent part:

It is further ordered that the prior order of *395 the Court regarding temporary support shall be modified and increased so that in addition to the $1,000 per month in support, the defendant shall also pay the sum of $1,000 per month in alimony, effective September 1, 1988, and said payments shall continue during the pendency of this action.

Defendant claimed as tax deductible alimony on his 1987-89 tax returns all the support payments specified in both interim orders, whereas plaintiff claimed as taxable income for these tax years only the $1,000 a month alimony payments effective September 1, 1988. As a result of the discrepancies in the parties’ income tax returns, the Internal Revenue Service audited both plaintiff and defendant. On September 18, 1990, the day before the divorce action was disposed of by a consent judgment, plaintiff met with an official of the irs, who suggested that the matter be submitted to the trial court for a clarification of the tax consequences of the interim support payments. After the entry of the judgment of divorce, plaintiff moved for a clarification of the temporary orders. In the order dated November 27, 1990, the trial court determined that only the supplemental payments of $1,000 a month that were designated as alimony and became effective September 1, 1988, constituted alimony and were taxable income to plaintiff and tax deductible to defendant.

i

Defendant first claims that the trial court erroneously modified stipulated interim support orders after the entry of the judgment of divorce. Specifically, defendant maintains that the trial court did not have the authority to modify retroactively the interim support orders, because these orders were *396 not preserved by the judgment of divorce. We disagree.

While a trial court is entitled to modify interim support orders, Thompson v Merritt, 192 Mich App 412, 421; 481 NW2d 735 (1991), the trial court did not modify the interim support orders in this case, as defendant contends. Rather, the trial court simply clarified the previous interim support orders in order to explain the tax consequences of the support payments. Further, even if defendant’s contention that the interim orders were merged with the divorce judgment is correct, it was appropriate for the trial court to interpret the orders so that the tax consequences could be properly determined.

ii

Defendant next argues that the trial court erred in construing the August 26, 1987, order as providing child support. Defendant contends that the parties agreed that the interim support payments would constitute alimony. Again, we disagree.

We review the trial court’s factual findings relating to the award or modification of alimony for clear error. Beason v Beason, 435 Mich 791, 805; 460 NW2d 207 (1990). A finding is clearly erroneous if the appellate court is left with a definite and firm conviction that a mistake has been made. Id., pp 803-805. If the trial court’s findings are not clearly erroneous, this Court must then decide whether the dispositional ruling was fair and equitable in light of the facts. The trial court’s dispositional ruling whether all the interim support payments constituted alimony must be affirmed unless we are firmly convinced that it was inequitable. Sparks v Sparks, 440 Mich 141, 152; 485 NW2d 893 (1992).

*397 Before entering the August 26, 1987, interim order, the trial court reviewed the opinion and record of the arbitrator who had made factual findings and considered the agreement reached by the parties regarding support payments. In addition, a hearing was held before the court’s entry of the October 25, 1988, order modifying the August 26, 1987, order. A review of the record reveals that the trial court determined, after full consideration of the requisite factors, that only the payments of $1,000 a month effective September 1, 1988, constituted alimony. These findings of fact were not clearly erroneous. In light of the facts, we do not believe that the trial court’s ruling was inequitable.

m

Finally, defendant asserts that the trial court was required to conduct an evidentiary hearing before retroactively modifying its interim support orders. We disagree.

With respect to this issue, defendant relies upon this Court’s decisions in Vigil v Vigil, 118 Mich App 194; 324 NW2d 571 (1982), and Varga v Varga, 173 Mich App 411; 434 NW2d 152 (1988). According to defendant, these cases stand for the proposition that where there exists an ambiguity or a factual dispute in a divorce context, the trial court is obligated to conduct an evidentiary hearing.

In Vigil, supra, p 199, this Court considered whether an evidentiary hearing was required to interpret the meaning of the term "mortgage payment” in a divorce judgment and stated:

Generally, trial courts are afforded wide discretion in interpreting divorce judgments, in keeping *398 with the discretion generally exercised in initially reaching such judgments. Greene v Greene, [357 Mich 196, 201-202; 98 NW2d 519 (1959)]. Often, in interpreting a judgment, the trial court will need only look to its own findings of fact and conclusions of law to resolve an ambiguity. Walker v Walker, 327 Mich 707, 712; 42 NW2d 790 (1950). In Mitchell v Mitchell, 307 Mich 366; 11 NW2d 922 (1943), the Supreme Court rejected an appellant’s claim that the trial court’s interpretation of the divorce judgment was based upon an insufficient record. Quoting from Tessmer v Tessmer, 261 Mich 681; 247 NW 93 (1933), the Court referred to the inherent familiarity a trial court has with the circumstances and meaning of its own divorce judgment:
"In reading a decree of divorce, we do not stand upon strange ground, as when construing an instrument whose purpose and effect are unknown except as they may be gathered from the words used.

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Bluebook (online)
499 N.W.2d 386, 198 Mich. App. 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-mitchell-michctapp-1993.