Sill v. Sill

2007 UT App 173, 164 P.3d 415, 578 Utah Adv. Rep. 53, 2007 Utah App. LEXIS 174, 2007 WL 1500812
CourtCourt of Appeals of Utah
DecidedMay 24, 2007
DocketCase No. 20060296-CA
StatusPublished
Cited by7 cases

This text of 2007 UT App 173 (Sill v. Sill) 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
Sill v. Sill, 2007 UT App 173, 164 P.3d 415, 578 Utah Adv. Rep. 53, 2007 Utah App. LEXIS 174, 2007 WL 1500812 (Utah Ct. App. 2007).

Opinions

OPINION

BILLINGS, Judge:

'I 1 Respondent Joel Gordon Sill (Husband) appeals the trial court's grant of Petitioner Kallie J. Sill's (Wife) motion to dismiss Husband's petition to modify the parties' divorce decree. On appeal, Husband contends the trial court erred in concluding that the parties' stipulation, incorporated into the divorce decree, to waive all modification rights divested the court of its statutorily granted jurisdiction to modify the alimony award. See Utah Code Ann. § 80-8-5(8)(g)(i) (Supp. 2006). We reverse and remand.

BACKGROUND

T2 In March 2000, Husband and Wife agreed to end their eighteen-year marriage, and Wife filed a divorce petition. Both parties retained competent counsel, and Husband and Wife entered into settlement negotiations.

3 Eventually, the parties reached a stipulation and property settlement agreement (the Agreement). The Agreement provides that the stipulation "resolves all issues between [the parties]." Under the terms of the Agreement, the parties agreed that in "divid[ing] the marital assets and income, ... [Husband] w[lould] pay [Wife] the sum of $1,780,000[ ] within ninety (90) days of execution of thle] [Algreement." Additionally, the parties agreed as to the division of real and personal properties and the division of Husband's retirement account. The Agreement also provides that Husband will provide Wife with $6000 per month in alimony for a period of ten years and that Husband will pay an additional $8000 per month in alimony (totaling $14,000 per month) for however many months it takes Husband to pay the $1.78 million in full. Finally, the Agreement includes a stipulation specifying that "[the provisions of thle] [Algreement shall be non-modifiable as shall the Decree of Divorce which implements it with the sole exception that if all of the assets have not been disclosed and divided in th{e]l [Algreement, those may be brought back before the [clourt for appropriate disposition."

T4 The trial court approved the Agreement and incorporated its provisions into the parties' March 2001 divorcee decree (the Decree), determining that "[the Agreement is] a fair and equitable method of resolving all issues between [the parties] and provides for the support of each of the parties and the division of their assets and payment of debts."

T5 Following the issuance of the Decree, the parties adhered to the Agreement. But on September 13, 2005, Husband filed a petition to modify the Decree, in which he asked the court to reduce the amount of alimony he agreed to pay because he had suffered a substantial decrease in income. Wife moved to dismiss Husband's petition to modify, claiming that in accordance with the Agreement incorporated in the Decree, both parties had waived the right to modify any terms of the Agreement, including the alimony award.

T6 The trial court agreed with Wife that the parties' waiver of all modification rights barred Husband's request to modify the alimony award and therefore dismissed Husband's petition to modify the Decree.

17 Husband appeals.

[417]*417ISSUE AND STANDARD OF REVIEW

T8 On appeal, Husband asserts that the trial court erroneously dismissed his petition to modify the Decree. Husband contends that the trial court wrongly determined that the parties' waiver of modification rights divests the court of its jurisdiction to make alimony modifications under Utah Code seetion See Utah Code Ann. § "'[Allthough [this court] generally reviews]} the determination to modify a divorce decree for an abuse of discretion, insofar as that determination is based on a conclusion of law, we review it for correctness.'" Medley v. Medley, 2004 UT App 179, ¶ 6, 98 P.3d 847 (first alteration in original) (quoting Krambule v. Krambule, 1999 UT App 357, ¶ 10, 994 P.2d 210).

ANALYSIS

T9 Under section 30-3-58)(@g)0, "Itlhe court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial material change in cireumstances not foreseeable at the time of the divorce." Utah Code Ann. § 80-3-5(8)(g)@G) (emphasis added).1 The issue we must decide is whether the non-modification provision that the parties stipulated to in the Agreement, and that the trial court subsequently incorporated into the Decree, usurped the trial court of this continuing jurisdiction to make alimony modifications. We conclude that pursuant to Utah law, the non-modification provision did not divest the court of its continuing jurisdiction under section 30-8-5(8)(g)().

10 First, we begin by examining the language of the statute itself. See State v. Barrett, 2005 UT 88, ¶ 29, 127 P.3d 682 ("When interpreting statutes, this court first looks to the plain language."). In so doing, "'Iwle presume that the legislature used each word advisedly and give effect to each term according to its ordinary and accepted meaning?" Id. (quoting C.T. ex rel. Taylor v. Johnson, 1999 UT 35, ¶ 9, 977 P.2d 479). Thus, although section 80-3-5 provides no explicit guidance as to the issue before us now, we note the significance of the legislature's inclusion of the adjective "continuing" to refer to the court's jurisdiction and that the generally accepted definition of continuing is "enduring" or "constant." Merriam Webster Collegiate Dictionary 251 (10th ed.2004).

111 Second, we acknowledge that this court has previously explained that "[where the parties' stipulation is accepted by the trial court and incorporated into its [divorce] order, the subject matter of the stipulation is within the continuing jurisdiction of the court." Gates v. Gates, 787 P.2d 1344, 1346 (Utah Ct.App.1990).

[ 12 Third, we highlight that the effect of parties' alimony stipulations, subsequently incorporated into a decree, on a court's jurisdiction to modify alimony is "no longer considered an open question in this [s]tate." Jones v. Jones, 104 Utah 275, 139 P.2d 222, 228-24 (1943).

"In a divorce action the trial court should make such provision for alimony as the present circumstances of the parties warrant, and any stipulation of the parties in respect thereto serves only as a recommendation to the court. If the court adopts the suggestions of the parties it does not thereby lose the right to make such modification or change thereafter as may be requested by either party based on some change or circumstances warranting such modification."

Id. at 224 (quoting Barraclough v. Barraclough, 100 Utah 196, 111 P.2d 792, 793 (1941) (per curiam); see also Huck v. Huck, 734 P.2d 417, 419 (Utah 1986). That is,

"the law was intended to give the courts power to disregard the stipulations or agreement of the parties in the first instance and enter judgment for such alimony or child support as appears reasonable, [418]*418and to thereafter modify such judgments when change of cireumstances justifies it, regardless of attempts of the parties to control the matter by contract."

Diener v. Diener, 2004 UT App 314, ¶ 5, 98 P.3d 1178 (emphasis added) (quoting Naylor v. Naylor, 700 P.2d 707

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Bluebook (online)
2007 UT App 173, 164 P.3d 415, 578 Utah Adv. Rep. 53, 2007 Utah App. LEXIS 174, 2007 WL 1500812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sill-v-sill-utahctapp-2007.