Schaumberg v. Schaumberg

875 P.2d 598, 240 Utah Adv. Rep. 11, 1994 Utah App. LEXIS 75, 1994 WL 227040
CourtCourt of Appeals of Utah
DecidedMay 26, 1994
Docket920865-CA
StatusPublished
Cited by17 cases

This text of 875 P.2d 598 (Schaumberg v. Schaumberg) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schaumberg v. Schaumberg, 875 P.2d 598, 240 Utah Adv. Rep. 11, 1994 Utah App. LEXIS 75, 1994 WL 227040 (Utah Ct. App. 1994).

Opinion

OPINION

DAVIS, Judge:

Appellant, Thomas J. Schaumberg (Husband), appeals from a final decree of divorce from appellee, Christa C. Schaumberg (Wife). We affirm and remand for determination of whether Wife is entitled to attorney fees on appeal.

FACTS

At the time of their divorce, the parties had been married for over twenty-five years, and their two children had reached their majority.

For sixteen years of the marriage, Husband was employed by the military. Thereafter, he becamé self-employed as a financial consultant through a solely-owned corporate entity.

During the marriage, Husband inherited real property from his father’s estate, the sale of which resulted in net proceeds of $33,933.87. Husband used $20,000 of these funds as a down payment on a business building. The court found that Husband spent an additional $8000 of the inherited funds to improve the building. Husband’s corporation, the sole tenant of the building, paid Husband $1250 a month in rent. Husband used these funds to pay the $957 monthly mortgage payment on the property and used the remainder for upkeep.

Over the years, Husband maintained and improved the business property using corporate and other funds. Prior to trial, Husband responded to an interrogatory to the effect that he used the proceeds of a $25,000 loan (the Armstrong loan) to improve the *601 building. However at trial, Husband suggested that he spent the proceeds of the Armstrong loan on family expenses. The trial court found in its memorandum decision that the Armstrong loan was used in part to maintain and upgrade the building. At the time of trial, the outstanding mortgage on the building amounted to approximately $45,-000, and the fair market value was $100,000, leaving an equity of $55,000.

The court awarded Wife $800 per month alimony. While the court made no findings regarding need, Wife submitted the following to establish her need and standard of living: (1) at the time of filing, in September 1991, she declared $3178 as her monthly living expenses; (2) at pretrial, she declared $2849 as her monthly living expenses; and (3) at trial, she submitted an exhibit projecting her monthly living expenses as $2272.58. Wife testified that the three amounts differed because of her changing understanding of her finances and her changing circumstances as she moved from a family household to a single household. She also testified that the last amount most nearly reflected her understanding of her projected needs and standard of living in a single household.

Taking into account her skills and past experience, the court imputed to Wife an earning ability of $1000, and awarded her a portion of Husband’s military retainer amounting to $589 per month. These amounts, combined with Wife’s alimony award, amounted to a gross monthly income of $2389.

At trial, Wife made no claim against Husband’s original $28,000 investment in the business property. However, she claimed one-half of the equity in excess of Husband’s investment in the building. The court agreed with this claim, determining Wife was “entitled to share in the appreciation in the value of the building in an amount equal to $27,000, which takes into account [Husband’s] initial separate property contribution.” The court based this determination on the fact that “the rent paid by Husband’s corporation exceeded the mortgage payment, [and that] Husband sought to categorize the $25,000 Armstrong debt as a marital debt and he used the funds from the loan to improve the property.”

On the last day of trial, the parties closed on the sale of their marital house, the proceeds of which the court had not yet distributed. At trial, counsel for Wife claimed that she feared Husband would keep all the money if the title company issued only one check in both'parties’ names. Wife’s counsel suggested that the title company issue checks to each party for one-half of the sale proceeds, pending the trial court’s final distribution of marital assets. Husband’s counsel informally stipulated to that procedure.

Later, in its memorandum decision and in its conclusions of law, the court awarded Wife the entire net proceeds of the sale of the house, which amount the court determined to be $61,730. Both parties agree that Husband received one-half of the proceeds but did not deliver those proceeds to Wife.

In making its property distribution, together with allocation of the Armstrong debt, the court determined that each of the parties’ distributions were equal within a few hundred dollars.

The court also found that each party should pay their respective attorney fees. The court based this determination in part upon its findings that Wife received a greater share of the liquid assets, that the parties received a relatively equal distribution of the marital assets, that the court had partially resolved inequities in the parties’ income via alimony, and that Husband voluntarily agreed to finance their daughter’s education.

Husband appeals and Wife seeks attorney fees on appeal.

ALIMONY

Husband claims the trial court abused its discretion in awarding Wife $800 per month alimony because it failed to make a finding regarding Wife’s need.

The general purpose of alimony is to prevent the receiving spouse from becoming a public charge and to maintain to the extent possible the standard of living enjoyed during the marriage. Howell v. Howell, 806 *602 P.2d 1209, 1212 (Utah App.), cert. denied, 817 P.2d 327 (Utah 1991).

In determining whether to award alimony and in setting the amount, the trial court must consider (1) the financial conditions and needs of the receiving spouse; (2) the ability of the receiving spouse to provide for him or herself; and (3) the ability of the payor spouse to provide support. Chambers v. Chambers, 840 P.2d 841, 843 (Utah App.1992). When “the payor spouse’s resources are adequate, alimony need not be limited to provide for only basic needs, but should also consider the recipient spouse’s ‘station in life.’ ” Howell, 806 P.2d at 1212; accord Martinez v. Martinez, 818 P.2d 538, 542 (Utah 1991).

When the trial court has failed to make findings on the three factors listed above, we reverse, unless pertinent facts in the record are clear, uncontroverted, and capable of supporting only a finding in favor of the judgment. Hall v. Hall, 858 P.2d 1018, 1025 (Utah App.1993); Howell, 806 P.2d at 1213. So long as the record is clear that the trial court has considered these three factors, we will not disturb its determination regarding alimony unless it has clearly abused its discretion. Chambers, 840 P.2d at 843.

We find no merit in Husband’s claim that the evidence of need is controverted. Wife submitted documents reflecting her changing circumstances as she moved from a family household to a single household. In addition, she testified at trial that her stated needs amounted to $2272.58 per month.

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Bluebook (online)
875 P.2d 598, 240 Utah Adv. Rep. 11, 1994 Utah App. LEXIS 75, 1994 WL 227040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schaumberg-v-schaumberg-utahctapp-1994.