Scaling v. Scaling

805 P.2d 866, 1990 WL 262011
CourtWyoming Supreme Court
DecidedFebruary 12, 1991
Docket89-227
StatusPublished
Cited by12 cases

This text of 805 P.2d 866 (Scaling v. Scaling) 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
Scaling v. Scaling, 805 P.2d 866, 1990 WL 262011 (Wyo. 1991).

Opinion

GOLDEN, Justice.

Appellant Teresa H. Hartley (Hartley), former wife of appellee Samuel T. Scaling (Scaling), appeals two post-divorce orders of the district court which in combination denied her requests:

• for reimbursement of one-half of child visitation travel expenses;
• for increased child support;
• for reimbursement of past medical expenses of the parties’ minor children;
• for reimbursement of costs and attorney fees incurred in defending her former husband’s petition to reduce alimony and child support;
• to establish medical support for the parties’ minor children;
• to compel her former husband to pay moving expenses and to hold him in contempt for his failure to pay them;
• to compel her former husband to produce documents containing information relevant to her former husband’s petition to reduce alimony and child support.

Appellant also claims the district court erred in limiting the hearing on her petition to increase child support and to establish medical support for the parties’ minor children to a consideration of post-divorce changes in her former husband’s income.

We affirm the district court's orders in all particulars except for the denial of the former wife’s request concerning medical support for the parties’ minor children. As to this latter issue, we reverse and remand for hearing.

BACKGROUND

On September 2, 1986, Scaling filed for divorce; Hartley timely answered and counterclaimed. The district court tried the action on January 16, 1987, following which the court asked both counsel to submit letter memoranda outlining their clients’ positions on support issues and division of assets and liabilities. Each counsel submitted a letter memorandum on January 22, 1987. On February 9, 1987, the court issued its decision letter; the court’s final judgment and decree followed on April 27, 1987.

Focusing on those provisions of the final judgment that are implicated in this appeal, we find that the decree provided:

1. Moving Expenses. Scaling shall pay the reasonable moving expenses for Hartley and the children if they should move from Casper. In Hartley’s letter memorandum dated January 22, 1987, she informed the court she wanted $7,000 for moving expenses to Arizona. That the designation of Arizona was in error was brought to the court’s attention in the hearing on August 4, 1989, which covered Hartley’s May 31, 1989 motion charging Scaling with contempt for failure to abide by the decree. In the court’s February 9, 1987 decision letter, the court states that Hartley indicated *868 she intended to move to New Mexico to attend college, and “it is hereby ordered that [Scaling] shall pay her moving expenses.”
2. Child Support. The court ordered Scaling to pay the sum of $500 each month for each child under Hartley’s direct supervision and financial responsibility. The parties’ six children ranged in age from seventeen years to five years.
3. Child Visitation Travel Expenses. The court ordered the parties to share equally the cost of transportation of the children from Hartley’s out-of-state residence to Casper when the children were visiting Scaling.
4. Medical Support. The decree, as well as the court’s decision letter, was silent on this item. Hartley’s letter memorandum requests that Scaling provide medical and dental insurance for the children, pay any excess children’s medical expenses, and pay any orthodonture expenses incurred by the children. Scaling’s letter memorandum states he “will continue to provide health and accident insurance upon all the parties with a policy having benefits of at least equal to those presently available.”

Neither party appealed from the decree.

On May 31, 1989, two years after the final judgment, Hartley filed a motion charging that Scaling had failed to abide by the decree. She alleged that she and the children had moved from Casper in the summer of 1987, resided temporarily in Albuquerque, New Mexico, until late December, 1987, then drove to Los Angeles, California, and flew from there to Hawaii where they permanently reside and she attends college. She claimed that Scaling must pay for all or part of the moving expenses connected with that move.

Next, Hartley contended that Scaling must pay a storage lien on items of personal property belonging to her and the children which she stored while the divorce action was pending. She asserted that, had Scaling paid her moving expenses to Hawaii, personal property would not have remained in storage.

Hartley also charged that Scaling owed her $2,000 for child support for two of the children for May and June, 1987.

The court held a hearing on Hartley’s motion on August 4, 1989, and on August 25, 1989, issued its order denying her relief.

In the meantime, on August 4, 1989, Scaling filed a petition to modify the decree with respect to alimony and child support. Specifically, Scaling asked the court to assess against Hartley one-half, or at least some portion, of a $140,000 tax liability for the taxable years 1982 and 1983. He asked that her portion be paid by her directly or by deduction from his alimony and child support payments. He claimed that the tax liability constituted a substantial change in circumstances. In his petition, Scaling also asked the court to allow him to deduct from his alimony payments all costs, expenses and attorney fees he had incurred in defending an action to increase child support and alimony payments filed by Hartley in Hawaii and in defending Hartley’s Wyoming motions charging Sealing with failing to abide by the decree and seeking to disqualify the judge.

In response to Scaling’s petition, on August 21, 1989, Hartley served him with a request for production of documents containing information relevant to the matters raised in his petition. On September 21, 1989, Hartley filed a motion to compel Scaling to produce the requested documents.

In the court’s decision letter dated November 15, 1989, and the subsequent order filed January 24, 1990, the court held that Scaling’s petition failed to state a cause of action and was, therefore, denied. Because the petition was denied, the court reasoned, Hartley’s motion to compel Scaling’s production of documents containing information relevant to the matters raised in that petition need not be determined.

On November 13, 1989, before the court had decided Scaling’s petition, Hartley filed her own petition to modify the decree. She sought an order increasing child support, compelling Scaling to reimburse her an appropriate portion of past children’s medical expenses she had incurred, and establish *869 ing that Scaling provide medical support for the children. For proof of substantial changes in circumstances she pointed to:

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Bluebook (online)
805 P.2d 866, 1990 WL 262011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scaling-v-scaling-wyo-1991.