Rigdon v. Rigdon

421 P.3d 1069
CourtWyoming Supreme Court
DecidedJuly 11, 2018
DocketS-17-0299
StatusPublished
Cited by9 cases

This text of 421 P.3d 1069 (Rigdon v. Rigdon) 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
Rigdon v. Rigdon, 421 P.3d 1069 (Wyo. 2018).

Opinion

BURKE, Justice.

*1071[¶1] Appellant, Bradley J. Rigdon, challenges the district court's order holding him in contempt for failing to comply with the parties' divorce decree. We affirm.

ISSUES

[¶2] Mr. Rigdon presents two issues, which we rephrase:

1. Was Ms. Rigdon's contempt claim against Mr. Rigdon barred by res judicata ?
2. Did the district court abuse its discretion by finding Mr. Rigdon in contempt for failing to comply with the divorce decree?

FACTS

[¶3] Ms. Rigdon filed for a divorce from Mr. Rigdon on December 7, 2015. Along with the filing of the complaint, Ms. Rigdon sought and obtained a temporary restraining order enjoining the parties from disposing of any property of the parties during the pendency of the divorce proceedings. Trial was held on April 3, 2017. Ms. Rigdon appeared personally, represented by counsel, and she was the only witness. Mr. Rigdon did not appear, but was represented by counsel, who cross-examined Ms. Rigdon. The district court took the matter under advisement and subsequently entered the "Decree of Divorce" on May 12, 2017. In the decree, Mr. Rigdon was ordered to pay monthly child support, to reimburse Ms. Rigdon for a tax debt, and to transfer to Ms. Rigdon a "silver coin collection" and "all of the investment gold and/or silver" in his possession. Mr. Rigdon filed a notice of appeal challenging the property distribution, but later withdrew his appeal.

[¶4] On June 12, 2017, Ms. Rigdon filed a "Motion for an Order to Show Cause," seeking an order requiring Mr. Rigdon to show cause why he should not be held in contempt for violating the divorce decree by failing to pay child support, pay the tax reimbursement, and transfer the gold and silver. Mr. Rigdon responded by filing an answer, in which he asserted that he was current on his child support payments, but his payments were not properly credited because he paid Ms. Rigdon directly rather than through the State's child support system. He further asserted that he was "trying to gather the money" to pay the tax reimbursement, and denied that his lack of payment was willful. He also asserted that the "silver has been delivered. There is no gold."1 Two days prior to the hearing, Mr. Rigdon filed an "Admission of Nonpayment, Acceptance of Finding of Contempt, Motion for Opportunity to Purge Contempt Finding and Motion to Vacate Hearing." In this pleading, he admitted he was "technically in contempt" for being behind on child support payments and failing to pay the tax reimbursement. He claimed that he had returned the silver to Ms. Rigdon and, once again asserted that "there never was any gold." On that same day, he also filed an affidavit stating that "there is no gold." There was no certificate of service attached to the affidavit. In his admission, Mr. Rigdon sought a continuance of the scheduled hearing and an opportunity to purge any finding of contempt.

[¶5] Mr. Rigdon's efforts to delay the hearing were unsuccessful and the matter proceeded to hearing. Again, Mr. Rigdon did not appear, but was represented by counsel. Ms. Rigdon was the only witness.

[¶6] Following the hearing, the district court entered a "Judgment and Order Finding Defendant in Contempt of Court." It found Mr. Rigdon in contempt for failing to pay child support, failing to pay the tax reimbursement, and "failing to turn over any and all investment gold and/or silver." The district court also provided Mr. Rigdon the opportunity to purge himself of contempt by *1072paying the arrearage in child support and the tax reimbursement by September 11, 2017. The court ordered Mr. Rigdon to turn over the investment gold and silver to Ms. Rigdon within ten days. "In lieu thereof," the court ordered, "[Mr. Rigdon] shall personally appear before this Court on or before September 11, 2017, to answer questions under oath as it pertains to the gold and silver in the form of a debtor's exam."

[¶7] Instead, Mr. Rigdon filed this appeal. He does not dispute the district court's decision finding him in contempt for failing to pay child support and the tax reimbursement. He challenges only the finding of contempt for failing to turn over the gold and silver.

DISCUSSION

[¶8] As a preliminary matter, we must comment upon the state of the record before us. Mr. Rigdon has not provided a transcript of the contempt hearing. He attempted to procure a statement of the evidence pursuant to W.R.A.P. 3.03, but the district court did not approve his proposed statement, stating in part:

[T]he document contains background information not presented at the hearing held August 18, 2017.
As such, the Court can neither accept nor reject the Statement of Evidence and Proceedings. The Court has a very limited recollection of the evidence and complete testimony. Mr. Rigdon did not appear and did not testify at the August 18, 2017, hearing. The only evidence presented was [through the] testimony of [Ms.] Rigdon. It was the Court's conclusion at the end of the hearing that Mr. Rigdon had knowledge of his obligation under the Divorce Decree, that he had the ability to comply with the Divorce Decree but did not.

When a trial court can neither accept nor reject a proposed statement of the evidence, it amounts to a rejection, because "a statement becomes part of the record only to the extent that it is settled and approved by the court." Feaster v. Feaster , 721 P.2d 1095, 1097 (Wyo. 1986). Mr. Rigdon does not challenge the district court's ruling in this appeal.

[¶9] Although there is no transcript of the contempt hearing and no approved statement of the evidence, Mr. Rigdon, in his brief, references testimony as if he had provided a record of it. For example, he states in his brief:

Plaintiff then, at the hearing granted by her Motion for Order to Show Cause, attempted to testify as to the quantity of the gold and silver that she believed the parties had during their marriage, and as to the amount the gold and silver might be worth. (ROA, pp. 137-138).
Counsel for Defendant objected but Plaintiff was allowed to answer the questions.
On cross-examination, Plaintiff admitted she did not know if Defendant had any gold or silver in his possession at the time she filed for divorce or thereafter.

The only record cite that Mr. Rigdon provides for this factual recitation is the affidavit he filed two days prior to the hearing. For obvious reasons, the affidavit could not, and does not, contain any reference to testimony from a hearing that had yet to take place. Additionally, it does not appear that the affidavit was served on Ms. Rigdon's counsel prior to trial, and there is no indication in the record that the affidavit was received into evidence at the hearing or considered by the district court.

[¶10] Mr. Rigdon, also without any record support or citation, discusses factual matters relating to the original divorce decree. He states in his brief:

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421 P.3d 1069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rigdon-v-rigdon-wyo-2018.