Saromines v. Saromines

641 P.2d 1342, 3 Haw. App. 20, 1982 Haw. App. LEXIS 107
CourtHawaii Intermediate Court of Appeals
DecidedFebruary 11, 1982
DocketNO. 7788
StatusPublished
Cited by12 cases

This text of 641 P.2d 1342 (Saromines v. Saromines) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saromines v. Saromines, 641 P.2d 1342, 3 Haw. App. 20, 1982 Haw. App. LEXIS 107 (hawapp 1982).

Opinion

OPINION OF THE COURT BY

BURNS, J.

Plaintiff-Appellant (Wife) appeals the family court’s modification of her entitlement to spousal support which the family court had awarded by a consent decree filed three years previously. We reverse.

[21]*21The parties married on July 30, 1949. Wife filed a complaint for divorce on September 21, 1976. Although husband’s Appearance and Waiver was filed prior thereto, the uncontested divorce was granted on the basis of a Decree of Absolute Divorce, dated November 16, 1976, which had been approved by both parties.

Pursuant to the decree, wife was awarded the 1975 two-door Nova automobile. Husband was required to pay a Hawaiian Airlines Federal Credit Union debt of $6,500 ($4,500 related to the automobile and $2,000 to general family expenditures). Husband testified that of an $ 11,000joint savings account, $ 1,000 was received by him, $2,000 by wife, and $8,000 was used to pay the down payment and closing costs for a two-bedroom condominium apartment at 1138 Hassihger Street.1 The decree specified that husband and wife would own the apartment as tenants-in-common but that wife “shall have exclusive possession of said condominium unit as long as she desires to remain there” with husband paying the principal and interest payments and wife paying the real property taxes, maintenance fees, and insurance. The decree required husband to maintain a medical and dental plan for wife and to pay all of wife’s medical and dental expenses not covered by the plan. No mention was made of retirement benefits, if any.

On February 12, 1977, husband married Doris, who had assets, including a house, which she had been awarded upon her prior divorce, and who is employed.2

On September 11, 1979, husband moved for an order relieving him of paying for the mortgage payments and wife’s medical and dental expenses. After a hearing on the motion, the trial court entered the following findings of fact and conclusions of law, inter alia:

FINDINGS OF FACT
15. Defendant has had difficulty in making ends meet financially and has had to rely considerably upon the earnings and assets of his present wife as a result.
[22]*2216. Plaintiff has had no difficulty in making ends meet financially and is the sole occupant of a two bedroom condominium apartment.
17. The Plaintiff stipulated in court that the subject principal and interest payments and the medical and dental payments are for the support and benefit of Plaintiff and therefore should be considered as alimony.
CONCLUSIONS OF LAW
2. There has been a substantial and material change in circumstances of the parties, financial as well as otherwise, since the Decree of Absolute Divorce was entered on November 16, 1976.
3. Plaintiff is able to substantially rehabilitate herself and has had more than a reasonable time within which to rehabilitate herself and has also rehabilitated herself to such an extent that she is able to pay a portion of the mortgage payments and all of the medical and dental expenses.
4. Plaintiff is fully able to meet her needs independently. By order dated December 12, 1979, the court amended the

decree to require husband and wife to each pay one-half of the principal and interest on the Hassinger Street apartment mortgage and of the real property taxes thereon and to relieve husband of the obligation to pay for wife’s medical and dental expenses. Wife contends the lower court erred when it modified the decree.

At the time of the decree,3 husband was age 50 and wife was 47; husband was an assistant cargo manager at Hawaiian Airlines with 24 years of service and wife was a stock counter clerk at J. C. Penney Co., Inc., with seven years of service; husband’s gross salary was $1,600 per month and wife’s was approximately $700 per month. Assuming the percentage of ordinary payroll deductions to have been 30 percent,4 husband’s monthly net income was $1,120 and wife’s was $490.

At the time of the decree, the parties’ two youngest children (twin girls, then ages 23) were living with wife. One married and moved [23]*23out in 1978 and the other married and moved out in early 1979.

At the time of the decree, husband had been in the Hawaiian Airlines’ pension plan for 24 years and wife had been in the J. C. Periney’s pension/profit sharing plan for seven years.

Husband agreed to a divorce decree requiring him to pay the $6,500 Hawaiian Airlines Federal Credit Union debt, the principal and interest payments on the Hassinger Street apartment, and wife’s medical and dental expenses. We do not know what the required monthly credit union payment was, but we know that husband was later required to pay no less than $237 per month on a similar size indebtedness to the same creditor; we know that the principal and interest payments are $371 per month; and we know that husband has been paying wife’s medical and dental bills in the amount of $20 per month even though wife, and not husband, has been maintaining insurance to cover some of them. Thus, at the time of the divorce, even though he only had $1,120 per month to spend, it appears that husband agreed to pay a $371 mortgage payment, a $237 credit union payment, and a $20 medical and dental expense payment. If our assumptions are correct, husband was left with only $492 per month for all of his personal expenses, including housing.

On the other hand, wife was left with a discretionary income of $490, which she did not have to use for housing (except maintenance and insurance) or for medical and dental expenses.

After the decree, husband paid $371 per month on the condominium but wife maintained a $100 annual deductible medical and dental insurance plan through her employer at $8.50 per month while husband paid only the uninsured portion.

We do not know what Doris’ income was when she and husband married, but at the time of the modification hearing, her gross income was approximately $1,040 per month. Applying a 30 percent ordinary payroll deduction factor, her net income was approximately $728 per month. We deduce, therefore, that at the time they were married, husband’s and Doris’ combined discretionary income was approximately $1,220 per month.

Even though Doris already owned a house and notwithstanding their limited combined discretionary income, husband and Doris in November 1977 purchased a fee residence at 98-1475A Kaahumano Street. The record does not reveal its cost but it does indicate that the Hawaiian Federal Savings and Loan mortgage of $49,685.91 (at [24]*24$528 per month) and the Hawaii Thrift and Loan mortgage of $21,311.69 (at $309 per month) were both incurred to purchase it. Husband and Doris also each purchased a car with money borrowed from their respective credit unions. It is obvious how husband and Doris got themselves into the financial situation they were in at the time husband sought modification.

The evidence showed husband’s and Doris’ outstanding debts at the time of the modification hearing as follows:

Creditor Security Total Minimum Balance Monthly Owed Payment

HusbandlWife:

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Saromines v. Saromines
641 P.2d 1342 (Hawaii Intermediate Court of Appeals, 1982)

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Bluebook (online)
641 P.2d 1342, 3 Haw. App. 20, 1982 Haw. App. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saromines-v-saromines-hawapp-1982.