Riggs v. Riggs

6 Navajo Rptr. 375
CourtNavajo Nation Supreme Court
DecidedMarch 5, 1991
DocketNo. A-CV-20-90
StatusPublished

This text of 6 Navajo Rptr. 375 (Riggs v. Riggs) is published on Counsel Stack Legal Research, covering Navajo Nation Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riggs v. Riggs, 6 Navajo Rptr. 375 (navajo 1991).

Opinion

OPINION

Opinion delivered by

BLUEHOUSE, Associate Justice.

This appeal is from a decree of divorce rendered by the Window Rock Family Court on June 12,1990. Jack Riggs, the appellant, raises eleven issues on appeal, primarily attacking the sufficiency of the evidence to support the court’s allocation of property and fixing of sums of alimony and child support. For the purpose of resolution by the Court, the issues are restated as follows:

1. Whether there is sufficient evidence of a marriage between the parties?

2. Given the record, the appellant’s opportunity to present competent evidence, and the evidence actually presented by the appellant, did the Family Court properly allocate the property of the parties and establish reasonable sums of alimony and child support?

I. FACTS

Jack and Vivian Riggs were married some time in September of 1951. On March 24,1974, they both appeared before the Window Rock District Court, and based upon their testimony regarding the marriage, the court issued a decree validating it pursuant to 9 N.T.C. §§ 61 and 62.

On February 7, 1989, Vivian Riggs filed her petition for dissolution of the marriage. She recited the parties’ community property and debts in detail. Mr. Riggs’ answer to the petition generally admitted and denied the allegations of the petition, but specially stated, that “he ha[d] insufficient information as to how the validation of marriage was entered by the Court without his knowledge.” The answer provided no information regarding Mr. Riggs’ claims to property, his debts, or his financial status.

[376]*376On May 22, 1989, the Family Court conducted a pretrial conference, and the pretrial report (which was signed by the lawyers for the parties) shows that the fact of marriage was not in dispute. It also shows that Mr. Riggs’ pay stubs would be offered in evidence at trial. On March 20,1990, the court entered an additional pretrial order, directing the parties to gather all records regarding community property and debts, and to compile an inventory with proposed plans of distribution and assignment of property. That order granted interim spousal and child support in the sum of $500.00 per month. The case went to trial on June 7,1990.

The first major issue the court addressed was whether there was a marriage. The court noted the existence of a certified copy of an order entered in In the Matter of the Validation of Marriage of: Jack Riggs and Vivian Riggs, No. WR-VM-105-74 (Window Rock Dist. Ct., 1974), and took judicial notice of the fact of marriage.

As the case progressed, there was a great deal of dispute over Mr. Riggs’ exact amount of income. Mrs. Riggs called him as a witness, and after having him authenticate it, offered an Atchison, Topeka and Santa Fe Railway Company pay statement for the “last half’ of November, 1986. The parties argued over whether the amount of pay reflected in the statement presented a true picture of Mr. Riggs’ current income. Mr. Riggs was vague and evasive about the amount of his current earnings. While he said the pay level as of November, 1986 was not representative, he did not give a precise figure. He told the court he earned various amounts, and at one point he admitted the November, 1986 pay level was correct. The statement showed gross wages of $1,303.39 for 59 hours of regular time, 16 hours of holiday, and 26.5 hours of overtime. It also showed deductions of $142.50 for insurance premiums, credit union payments, and union dues. The transcript shows that the court accepted the statement with caution, and as the trial progressed, the court repeatedly asked the parties to present evidence of Mr. Riggs’ exact earnings. Mr. Riggs controlled that information, but did not enlighten the court or the parties about his income, debts, or expenses.

Finally, after noting that the parties had not complied with the second pretrial order, the court declared a recess of the trial to permit the parties to negotiate and develop their claims for the property and debts for rational presentation. Following the recess, the parties stipulated as to the extent of community and separate property and the debts and how they should be divided, leaving only the issues of child support and alimony to be decided as contested matters. The parties also stipulated that they have a valid marriage and that they desired a divorce.

The transcript shows a great deal of fumbling around with income and expense figures, matters which could have been clearly presented by demonstrative exhibits based upon income and expense records. At the end, the court was left with information and figures on property, income, and expenses developed through testimony.

The court’s findings of fact show the dilemma created by the parties by not [377]*377presenting the facts in a clear manner. The court was left to determine the market value of the community property on the basis of an estimate, “no such valuation being provided by the parties.” Alimony was determined by the court on the basis of its estimate of the potential income Mrs. Riggs could earn by rug weaving, and an estimation of her expenses based upon testimony. The finding on Mr. Riggs’ income was based upon the court’s determination of what evidence was reliable. The finding noted that, “In [the] absence of a showing of present day income, deductions and other benefits, this Court can only assume that Respondent’s income is at least that shown on the 1986 payroll stub if not more. In [the] absence of a showing of personal expenses of the Respondent, this Court cannot credit the Respondent with any amount for such expenses, assuming there are any.” Window Rock Family Court’s Final Decision at 5. While Mr. Riggs testified about debts owing to a credit union and the Internal Revenue Service, he produced no documents or records proving them. He testified that he had simply left his papers in California, and did not bring them. That oversight left the credibility of his testimony to the court, and obviously the court concluded that it was not credible. Given the vagueness and conflicting statements in the record, credibility was a problem for the court.

A full review of the trial transcript shows that the court was faced with a disorganized mass of vague evidence to sort out for a final decree, and that Mr. Riggs failed to take advantage of his opportunity to fully develop the facts in his favor. In sum, the court was left to do what it could with the limited information offered by Mr. Riggs.

II. EVIDENCE OF THE MARRIAGE

On appeal, Mr. Riggs claims that the court improperly took judicial notice of the adjudicative fact of the validation of marriage order, and that it denied him due process of law by limiting his ability to attack the order for fraud. That issue is not before the Court because Mr. Riggs waived it in the answer. Even if Mr. Riggs had not waived it, the record shows that Mr. Riggs stipulated that the marriage was valid and he wanted a divorce. Trial Transcript at 44.

Fraud in obtaining a court judgment, decree, or order is an affirmative defense, NRCP 6 (1978), and it must be pleaded as such in the answer. If fraud is not pleaded at the time the answer is filed, it can only be asserted thereafter by leave of court upon written motion to amend the pleading. While rules of procedure may be given liberal construction to do substantial justice, Mr.

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