Seonyoung Kim v. Daniel Lee

CourtCourt of Appeals of Virginia
DecidedJanuary 14, 2014
Docket1485131
StatusUnpublished

This text of Seonyoung Kim v. Daniel Lee (Seonyoung Kim v. Daniel Lee) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seonyoung Kim v. Daniel Lee, (Va. Ct. App. 2014).

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Judges Kelsey, Beales and Senior Judge Clements UNPUBLISHED

SEONYOUNG KIM MEMORANDUM OPINION* v. Record No. 1485-13-1 PER CURIAM JANUARY 14, 2014 DANIEL LEE

FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK Karen J. Burrell, Judge

(Romy L. Radin; Radin & Radin, P.C., on brief), for appellant.

No brief for appellee.1

Seonyoung Kim (wife) appeals a final decree of divorce. Wife argues that the trial court

erred by (1) permitting Daniel Lee’s (husband) witness, Sul-ki Lee, to testify over wife’s objection

because husband did not identify the witness in discovery; (2) classifying husband’s student loans as

marital debt; (3) allocating seventy percent of the student loan debt to wife; (4) determining the

amount of the student loan debt for equitable distribution purposes; and (5) awarding spousal

support to husband. Upon reviewing the record and briefs of the parties, we conclude that this

appeal is without merit. Accordingly, we summarily affirm the decision of the trial court. See

Rule 5A:27.

* Pursuant to Code § 17.1-413, this opinion is not designated for publication. 1 On January 2, 2014, appellee requested an extension of time to file his brief. Considering our ruling in this case, we deny appellee’s request. BACKGROUND

“When reviewing a trial court’s decision on appeal, we view the evidence in the light

most favorable to the prevailing party, granting it the benefit of any reasonable inferences.”

Congdon v. Congdon, 40 Va. App. 255, 258, 578 S.E.2d 833, 834 (2003) (citations omitted).

The parties married on November 7, 1987 in Seoul, Korea and came to the United States

shortly thereafter for husband to study at the University of Iowa. For financial reasons, husband

stopped his studies and worked full time, while wife pursued a master’s degree. After wife

obtained a master’s degree in computer science, she initially planned to earn a Ph.D., but instead

decided to enter a seminary in Washington D.C. Meanwhile, husband worked full time,

managed the household, and took care of the parties’ two children. Wife graduated from

seminary, became an ordained minister, and was assigned to a church in Virginia. She was

employed as a minister throughout the rest of the parties’ marriage. In 2003, husband went to

seminary at Duke University and earned his degree in two and a half years. He obtained student

loans to pay for his education at Duke University. He gave a portion of his funds from the

student loans to wife for living expenses.

On May 18, 2008, husband and wife separated. In February 2012, husband filed for

divorce. At the time of the final hearing, both were employed as full-time ministers. Husband

earned $18,000 per year, and wife earned $40,000 per year. The trial court granted husband the

divorce and awarded him spousal support. It also determined that husband’s student loans were

marital property and ordered wife to pay seventy percent of the debt. The trial court entered the

final decree of divorce on July 9, 2013, and this appeal followed.

-2- ANALYSIS

Assignment of error #1 – Witness

Wife argues that the trial court erred in allowing Sul-ki Lee to testify on husband’s behalf

because he did not identify her as a witness in discovery.

The record does not include husband’s responses to wife’s interrogatories. Therefore, the

Court is unable to review this assignment of error. See Jenkins v. Winchester Dep’t of Soc.

Servs., 12 Va. App. 1178, 1185, 409 S.E.2d 16, 20 (1991) (“In the absence [of a sufficient

record], we will not consider the point.”).

Assignments of error #2, 3, and 4 – Student Loans

Wife argues that the trial court erred in classifying husband’s student loans as marital

debt, valuing the debt at $95,265.90, and allocating seventy percent of the debt to her.

On appeal, “decisions concerning equitable distribution rest within the sound discretion

of the trial court and will not be reversed on appeal unless plainly wrong or unsupported by the

evidence.” McDavid v. McDavid, 19 Va. App. 406, 407-08, 451 S.E.2d 713, 715 (1994) (citing

Srinivasan v. Srinivasan, 10 Va. App. 728, 732, 396 S.E.2d 675, 678 (1990)).

“In making an equitable distribution, the court must classify the property, assign a value,

and then distribute the property to the parties, taking into consideration the factors listed in Code

§ 20-107.3(E).” Theismann v. Theismann, 22 Va. App. 557, 564, 471 S.E.2d 809, 812 (citing

Alphin v. Alphin, 15 Va. App. 395, 403, 424 S.E.2d 572, 576 (1992)), aff’d on reh’g en banc, 23

Va. App. 697, 479 S.E.2d 534 (1996).

Marital debt is . . . (ii) all debt incurred in either party’s name after the date of the marriage and before the date of the last separation of the parties, if at such time or thereafter at least one of the parties intends that the separation be permanent. However, to the extent that a party can show by a preponderance of the evidence that the debt, or a portion thereof, was incurred, or the proceeds secured by incurring the debt were used, in whole or in part, for a nonmarital

-3- purpose, the court may designate the entire debt as separate or a portion of the debt as marital and a portion of the debt as separate.

Code § 20-107.3(A)(5).

Husband’s student loan debt was incurred after the date of the marriage and before the

date of separation; therefore, it is presumed to be marital. The trial court held that wife did not

present “any credible evidence to establish that the loans were used, in whole or in part, for a

nonmarital purpose.” Husband testified that he used the loans for his education and family. He

also gave a portion of the funds to wife for her use. The loans increased husband’s earnings for

the benefit of the family. Therefore, contrary to wife’s arguments, the student loan debt is

marital debt.

Wife argues that the trial court erred in valuing the amount of the student loan debt

because husband did not produce any documentary evidence to support his figures.

“As ‘[t]he value of property is an issue of fact, not of law,’ Howell v. Howell, 31

Va. App. 332, 340, 523 S.E.2d 514, 518 (2000), we are bound by this finding on appeal, unless it

is plainly wrong or without evidence to support it, Smith v. Board of Supervisors, 201 Va. 87,

91, 109 S.E.2d 501, 505 (1959).” Patel v. Patel, 61 Va. App. 714, 722, 740 S.E.2d 35, 39 (2013).

Husband testified that as of the date of separation, his student loans from the University

of Iowa and Duke University totaled approximately $93,000, plus an additional loan from Duke

University for $2,265.90. The trial court accepted these figures and held that the student loan

debt was $95,265.90. The trial court did not err in accepting husband’s testimony, as there is

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Related

Rohit Patel v. Ilaben R. Patel
740 S.E.2d 35 (Court of Appeals of Virginia, 2013)
West v. West
669 S.E.2d 390 (Court of Appeals of Virginia, 2008)
Miller v. Cox
607 S.E.2d 126 (Court of Appeals of Virginia, 2005)
Congdon v. Congdon
578 S.E.2d 833 (Court of Appeals of Virginia, 2003)
Howell v. Howell
523 S.E.2d 514 (Court of Appeals of Virginia, 2000)
Alphin v. Alphin
424 S.E.2d 572 (Court of Appeals of Virginia, 1992)
Theismann v. Theismann
471 S.E.2d 809 (Court of Appeals of Virginia, 1996)
Srinivasan v. Srinivasan
396 S.E.2d 675 (Court of Appeals of Virginia, 1990)
McDavid v. McDavid
451 S.E.2d 713 (Court of Appeals of Virginia, 1994)
Jenkins v. Winchester Department of Social Services
409 S.E.2d 16 (Court of Appeals of Virginia, 1991)
Smith v. Board of Supervisors
109 S.E.2d 501 (Supreme Court of Virginia, 1959)

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