Sellman v. Sellman

Opinion

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6 IN THE SUPERIOR COURT OF GUAM 7 RONI S. SELLMANN, ) Domestic Case no. DM0802-09 8 ) Plaintiff, ) 9 ) 10 vs. ) DECISION AND ORDER ) II JAMES D. SELLMANN, ) 12 Defendant. ) __________________________ ) 13

14 INTRODUCTION 15 Pursuant to Rule 7.1 of the Local Rules of the Superior Court of Guam, Defendant' s 16

17 Motion for Reimbursement and Clarification, was placed under advisement by the Honorable

18 Judge Michael J. Bordallo on June 18, 2014. Attorney Daniel S. Somerfleck represents 19 Defendant. Plaintiff appeared pro se. Having considered the Parties' arguments and the

appl icable Jaw, the Court, for the reasons set forth below, grants in part Defendant's Motion. 21 BACKGROUND 22

The instant action arises out of a complaint for legal separation, which was filed by

24 Plaintiff on December 4, 2009. Defendant filed his answer to the complaint and a counterclaim 25 for divorce on December 28, 2009. On July 7, 2011, the Court entered judgment in favor of 26 Defendant for divorce and issued a final decree of divorce. 27 Subsequent to the entry of the Decree of Divorce the Parties have continued to contest 28 the adequacy of the other's compliance with the terms of the decree and the Court's orders in Page I ofS this matter. On February 21, 2014, Defendant tiled the instant motion. In it he requests that of 2 the payments he made toward the Parties' community debts, he be awarded a half interest or 3 credit in the following paid obligations: 4 I. $33,629.00 for twenty months of post-separation, pre-divorce mortgage payments; 5 2. $ 2,200.00 for payments on the line of credit; 6 3. $ 4,995.00 for payments on the Oppenheimer debt; 4. $ 6,066.00 for payments on the Coast 360 debt; 7 5. $ 2,600.00 for payments on the FHB Mastercard; 6. $27,751.00 for post-divorce payments on community obligations and the sale of the 8 house; 9 7. $ I ,498.00 for additional payments on the Oppenheimer debt; 8. $ 780.00 for additional payments on the FHB Mastercard; 10 9. $ 4,097.00 for additional payments on the Coast 360 debt; I 0. $22,333.00 for the estimated value of the household goods retained by Plaintiff; II I I. $ 343.00 for the cost of surveying the home and conducting termite control; and 12 12. $ 2,220.56 for the 2008 tax return.

13 Mot. at 3-5. Additionally Defendant, asserting that the CoUit, as a contempt sanction, ordered 14 Plaintiffs payment of Defendant's attorney fees used in the sale of the home, requests that he 15

16 be reimbursed for $4,125.00 in attorney fees. !d. at 3 and 5. In total the Defendant request that

17 the Court award him an interest or credit of$57,412.00 for these undivided obligations. 18 In yet undivided assets or unpaid obligations from which he might receive the requested 19 credit, Defendant asserts that Parties or Plaintiff retains an interest the following: 20 I. $ 65,131.60 in escrow from the sale of the house; 21 2. $ 7,000.00 for fourteen months of unpaid spousal support; 22 3. $165,015.00 in Defendant's Government of Guam retirement account; 4. $ 23,562.22 in the Oppenheimer account; and 23 5. $115,811.04 in the ASC trust account, not including the $4,447.00 amount removed by Plaintiff. 24

25 Mot. at 5. From the amounts set forth above Defendant requests that he be awarded an

26 undivided interest in his Government of Guam Retirement account and the escrow funds from 27 the sale of the Parties' home for a total of$230,146.60. He requests that the Court award the 28 Plaintiff the remaining assets for a total of$146,373.26.

Page2of5 Plaintiff filed her opposition to Defendant's motion on March 21, 2014. In her 2 opposition Plaintiff asserts and expresses the difficulties that she experienced during the 3 Parties' marriage, separation and divorce, including her dissatisfaction with the legal processes. 4 PlaintitT argues that she should not be obligated to pay for the Coast 360 loan which involved 5

6 the Defendant's nonconsensual, October 2009 purchase of a new 2008 Subaru Impreza vehicle.

7 Generally Plaintiff argues that she has not been provided with adequate proof of Defendant's 8 payment of the above listed obligations. She further disputes the amount and reasonableness of 9 Defendant's attorney's fees and valuation of the household goods. Plaintiff also asserts that she 10 is entitled to $14,000.00 in unpaid spousal support. 11

12 In light of the above and including the emotional toll of the divorce and events leading

13 up to it, Plaintiff requests that Defendant not be credited for his asserted payments and be 14 awarded 30% of his Government of Guam Retirement Account. She requests that she be 15 awarded the balance of the Parties remaining assets. 16 DISCUSSION 17

18 Chapter 6 of Title 19 of the Guam Code directs a court's division and assignment of

19 community and separate assets, obligations and or property. 19 GCA §§ 6101 et. seq. In

20 consideration of the above chapter and the discretion afforded it therein, the Court makes 21 following division of obligations and assets: 22 I. As against the community assets of the Parties the Defendant shall be credited a total of 23

24 $47,845.00:

25 a) $16,814.50 for twenty months of post-separation, pre-divorce mortgage payments; 26 b) $ I, I 00.00 for payments on the line of credit; c) $ 3,246.50 for payments on the Oppenheimer debt; 27 d)$ 1,778.50 for payments on the Coast 360 debt, or on half of approximate 5 year 28 deprecated value when relatively comparing values of the 2008 Subarau Impreza and the 2003 Toyota Camry;

Page 3 of5 e) $ 1690.00 for payments on the FHB Mastercard; f) $13,875.50 for post-divorce payments on community obligations and the sale of the 2 house; 3 g) $ 171.50 for the land survey and termite control costs; 4 h) $ I, II 0.28 for the 2008 tax return; i) $ 800.00 in attorney fees costs which were used to enforce the sale of the home; and 5 1 j) $ 7,258.22 for the estimated value of the household goods retained by Plaintiff; 6 2. Of the Parties' assets Defendant shall be awarded: 7

8 a) $165,015.00 or the current value, whichever is greater, of his Government of Guam retirement account; 9 b)$ 4,447.00 credit for the amount Plaintiff removed from the ASC trust account; 10 c)$ 33,162.82 of the monies left in escrow from the sale of the home; and d) $ II, 781.00 or 50% of the current value, whichever is smaller, of the Oppenheimer II account. 12

13 3. Of the Parties' assets Plaintiff shall be awarded: 14 a) $115,811.04 or the current value, whichever is greater, of the ASC trust account; 15 b)$ 7,000.00 as a credit for unpaid spousal support; 16 c) $ 31,968.78 of the monies left in escrow from the sale of the home; and d) $ II, 781.00 or 50% of the current value, whichever is smaller, of the Oppenheimer 17 account. 18 II 19 II 20

27 1 Upon review of the values ascribed to the itemized household goods in Defendant's declaration 28 the Court finds they were overvalued by approximately 35%; the prices ascribed being near new values while the household items indicated where used. Page 4 of5 2

3 CONCLUSION 4 Based on the foregoing, the Defendant's motion to is Granted in part. Defendant shall 5 submit an amended final decree incorporating the above within 14 days of his receipt of this 6 order. 7

9 SO ORDERED, this I~ day of _ _.l/A "-J..:- C._. _ _ _ _ _ 2014. Vt....::.

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