Seablom v. Seablom

348 N.W.2d 920, 1984 N.D. LEXIS 290
CourtNorth Dakota Supreme Court
DecidedApril 24, 1984
DocketCiv. 10505
StatusPublished
Cited by60 cases

This text of 348 N.W.2d 920 (Seablom v. Seablom) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seablom v. Seablom, 348 N.W.2d 920, 1984 N.D. LEXIS 290 (N.D. 1984).

Opinions

VANDE WALLE, Justice.

Carole Seablom appealed from an order issued by the district court of Traill County, which determined that her ex-husband, John Seablom, was not in civil contempt for failure to make payments pursuant to their divorce decree. We affirm.

In May 1982 the district court granted John a divorce from Carole on the ground of irreconcilable differences. John and Carole, who had been married for 22 years and had no children, had submitted to the district court a proposed settlement. The agreement provided that Carole was to receive as her exclusive property the family residence and a car, both free from encumbrances; household goods and furnishings; and personal effects. John was to receive as his exclusive property farm tools and equipment, land, crops, an IRA and a checking account, and personal effects. John was to be liable for the large loans obtained for farming expenses; and John and Carole were to be liable individually for other smaller debts.

The agreement further stated:

“9. The plaintiff shall pay to the defendant the sum of Twenty-five Thousand Dollars ($25,000.00) which is due within 60 days of the date of Judgment.
“10. That the plaintiff shall pay unto the defendant as and for alimony the further sum of $14,400.00 payable in 36 consecutive monthly installments at the rate of $400.00 per month commencing on the 15th day of May, 1982, and payable on the 15th day of the month thereafter until paid in full. These payments shall not be terminated due to the death or remarriage of either party. The plaintiff may prepay all or part of this amount at any time.
“11. Upon payment of the $25,000.00 amount referred to above, each party shall execute and deliver to the other such instruments of title or conveyance which may be necessary to effect the foregoing division of property.”

The district court discussed each provision of the proposed agreement with both parties. After determining their comprehension of the oral stipulation and after finding that the stipulation was an equitable settlement of their interests, the court incorporated the proposed settlement in its judgment.

When John was unable to pay Carole $25,000, as required by provision 9, they entered into another agreement, which extended the period for payment and provided for interest on the amount due. Carole received some of the $400 monthly payments, as required by provision 10.

In March 1983 Carole sought to enforce the $25,000 debt by execution on John’s property. John declared his property exempt under Chapter 28-22, N.D.C.C., and the writ of execution was returned unsatisfied. Carole also sought to enforce the $400 monthly debt through civil contempt proceedings under Section 27-10-03, N.D. C.C. The district court conducted a hearing to determine if John was in contempt for failure to pay the $400 monthly payments. The court determined that the $400 monthly payments constituted property, not spousal support; that civil contempt would not lie; and that execution was the only remedy available for enforcement of the $400 monthly debt.

[923]*923After Carole filed her notice of appeal from the order denying contempt as a remedy, John and his new wife filed a joint, Chapter 7, petition in the United States Bankruptcy Court, Eastern District of North Dakota. Carole filed motions in the bankruptcy court seeking permission to file a proof of claim and requesting an extension of time for commencement of adversary proceedings. The bankruptcy court granted the motions and stated that adversary proceedings in the bankruptcy court would commence 30 days after this court renders its decision in this case.1

On appeal Carole argues that the district court erred in determining that the monthly payments constituted a distribution of property, not spousal support. In the alternative, Carole contends that even if the divorce decree is a final settlement of property rights, the district court should have enforced the decree by using its contempt powers or by declaring that the exemption statutes of Chapter 28-22 are not applicable to divorce judgments. Carole also raises other issues that relate to the standard of proof and burden of proof in contempt proceedings. Because we determine that civil contempt is not a proper remedy to enforce the divorce judgment, we do not address the issues relating to contempt proceedings.

Carole contends that civil contempt is a proper remedy for enforcement of the monthly payments required by provision 10 of the divorce decree. Section 27-10-03, N.D.C.C., provides, in part:

“27-10-03. Acts punishable as civil contempts. — Every court of record of this state may punish as for a civil contempt any person guilty of a neglect or violation of a duty or other misconduct by which a right or remedy of a party to a civil action or proceeding pending in such court may be defeated, impaired, impeded, or prejudiced in the following eases: ...
“3. A party to an action or proceeding, ... for the nonpayment of a sum of money ordered by the court to be paid in a case where by law execution cannot be awarded for the collection of such sum, or for any other disobedience to any lawful order, judgment, or process of the court; ...” [Emphasis supplied.]

In Dvorak v. Dvorak, 329 N.W.2d 868 (N.D.1983), we interpreted Section 27-10-03 and stated that a district court may not use its contempt powers to enforce the payment of money resulting from the division of property in a divorce judgment. We stated that such sums may be collected through the process of execution. To determine whether or not the district court properly denied invoking its contempt powers, this court must first ascertain the nature of the payments required by provision 10, i.e., whether they are a form of property division or spousal support.

Carole sought to enforce the divorce decree by using execution as a remedy for the payment of the $25,000 (provision 9) and by using civil contempt as a remedy for the monthly payment of $400 (provision 10). Her selection of enforcement procedures does not, however, determine the nature of the monetary awards. Carole and John agree that the $25,000 payment is a form of property division; with respect to the $400 monthly payments, Carole interprets the payments as spousal support, John as property division.

At both the divorce hearing and the contempt hearing, Carole’s attorney, who did not represent her on appeal, stated that the monthly payments were in the nature of a property settlement. When Carole’s attorney examined the proposed findings of fact in the divorce proceeding, which were prepared by John’s attorney, she requested that the payments be described as “alimony payments.” John’s attorney agreed to characterize the payments as alimony, and [924]*924the district court adopted the language in its decree.

Courts encourage settlements in divorce actions. Fleck v. Fleck, 337 N.W.2d 786 (N.D.1983). Contractual stipulations in divorce proceedings are governed by the law of contracts. Clement v. Clement, 325 N.W.2d 262 (N.D.1982); Galloway v. Galloway, 281 N.W.2d 804

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Cite This Page — Counsel Stack

Bluebook (online)
348 N.W.2d 920, 1984 N.D. LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seablom-v-seablom-nd-1984.