Simonds v. Simonds

886 A.2d 158, 885 A.2d 158, 165 Md. App. 591, 2005 Md. App. LEXIS 283
CourtCourt of Special Appeals of Maryland
DecidedNovember 18, 2005
Docket280, September Term, 2004
StatusPublished
Cited by17 cases

This text of 886 A.2d 158 (Simonds v. Simonds) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simonds v. Simonds, 886 A.2d 158, 885 A.2d 158, 165 Md. App. 591, 2005 Md. App. LEXIS 283 (Md. Ct. App. 2005).

Opinions

MURPHY, Chief Judge.

Judges and lawyers are often confronted with the difficult process of determining precisely how a legal principle that is easy to state should be applied to a particular set of facts. Over fifty years ago, Dean McCormick declared that cases dealing with the admissibility of “other crimes evidence” are “as numerous as the sands of the sea.” McCormick, Evidence, 1954, p. 307 n. 2. In Judge Weinstein’s Evidence treatise, he comments that “the question of when evidence of a particular criminal act may be admitted is so perplexing that the cases sometimes seem as numerous ‘as the sands of the sea’ and often cannot be reconciled.” 2 Weinstein’s Evidence, P 404(08), p. 404-40 (1978). In Yorke v. State, 315 Md. 578, 556 A.2d 230 (1989), while affirming the denial of a motion for new trial, the Court of Appeals stated:

All in all, we are constrained to conclude that the courts generally play by ear with an ad hoc approach whether the newly discovered evidence calls for a new trial, no matter what words they use to describe the standard alleged to support the decision. It seems that they actually lean on [597]*597the assertion, which has become a cliche, regarding hardcore pornography made by Justice Stewart, concurring in Jacobellis v. Ohio, 378 U.S. 184, 197, 84 S.Ct. 1676, 12 L.Ed.2d 793 (1964): “I know it when I see it.”

Id. at 586-87, 556 A.2d 230. These observations are equally applicable to cases that involve the principal issue in the case at bar: whether a dependent spouse is entitled to “rehabilitative” alimony or “indefinite” alimony.1

The parties to this appeal from the Circuit Court for Montgomery County — Susan Simonds, appellant, and Robert Simonds, appellee — were divorced by a judgment of absolute divorce entered on March 6, 2004. That judgment included an award of “rehabilitative” alimony to appellant, who argued for an award of “indefinite” alimony. Appellant now argues to us that, in deciding the financial issues raised by the parties, the circuit court made seven erroneous rulings:

I. The trial court erred in denying Ms. Simonds’ claim for indefinite alimony, by failing to make required findings about whether Ms. Simonds is capable of becoming self-supporting, the time necessary for her to become so, and whether, after making as much progress as she could reasonably be expected to make before becoming self-supporting, an unconscionable disparity would not still exist between the parties respective standards of living.
II. The court erred in denying indefinite alimony and awarding Ms. Simonds oniy rehabilitative alimony for three years in a decreasing amount, given the vast disparity in the parties’ incomes, the duration of the marriage, the grounds for divorce, Ms. Simonds’ significant hiatus from the workforce to care for the children, her continuing childcare responsibilities, the specific finding that she was not voluntarily impoverished, and the lack of any discussion in the [598]*598Court’s opinion to distinguish the many other appellate cases which suggest that an award of indefinite alimony is appropriate when the payor’s income is twenty-nine times that of the recipient.
III. The trial court erred in providing for an automatic downward modification of the alimony payable to Ms. Simonds at a specific date in the future, without regard to what the actual financial circumstances of the parties might be on the future date when the automatic modification is ordered to take place, and without any explanation justifying the amount to which Mr. Simonds’ support obligation will be adjusted.
IV. The trial court erred in providing for an automatic in futuro modification of Mr. Simonds’ child support payments without regard to what the actual financial circumstances of the parties might be at the time each future modification is to take place.
V. The trial court erred in not finding that payments made by Mr. Simonds to, on behalf of and for the benefit of his girlfriends constituted dissipation of marital assets warranting the court’s treatment of those funds as extant for purposes of the monetary award to Ms. Simonds.
VI. The trial court erred by ordering that the parties repay from the proceeds of sale of the family home a $25,000 loan from Mr. Simonds’ father to him.
VII. The trial court erred by denying, without explanation, Ms. Simonds’ request for contribution to her attorney’s fees, suit money and court costs, when the parties’ incomes were vastly disparate, Ms. Simonds received no more than one-half of the marital property, incurred far less in attorneys’s fees than Mr. Simonds even though she was the one who had to pursue the bulk of the discovery regarding marital assets, and where Mr. Simonds, during the course of the litigation, retained control of almost all of the [599]*599liquid marital assets and utilized nearly $100,000 of them to pay his own attorney’s fees, while Ms. Simonds was relegated to borrowing from her family to pay her fees.

For the reasons that follow, we shall (1) vacate those portions of the judgment that (a) deny appellant’s claims for permanent alimony and attorney’s fees, and (b) establish the amount of appellant’s monetary award; (2) remand for further proceedings not inconsistent with this opinion; and (3) direct that the portions of the judgment that are vacated be transformed into pendente lite orders that shall remain in force and effect until the parties are once again before the circuit court.

Background

The circuit court’s JUDGMENT OF ABSOLUTE DIVORCE included the following findings of fact and conclusions of law:

The parties are residents of Montgomery County, Maryland and have resided in the county for at least one year. [Appellant] is forty-five (45) years of age and [appellee] is forty-four (44) years of age; they were married on July 25, 1981 in San Mateo, California. [They] separated May 11, 2002 when [appellee] moved out of the family home after having an extra-marital affair with a co-worker.
[Appellant] obtained her Bachelor of Science Degrees in English and History. Throughout the marriage she remained out of the workforce for approximately fifteen (15) years to care for the children and maintain the household. Since the separation, [appellant] has worked part-time working approximately twenty (20) hours at two positions. One position is as a part-time office assistant in a medical office earning approximately $12.50 per hour. The other position is at a publishing company from home earning $20.00 per hour. Prior to having children, [appellant] worked for a publishing company in California as a promotion assistant and then as a copyright assistant. [Appellant] testified that she is capable of working greater hours but does not in order to have greater availability for the [600]*600children in the afternoons when they arrive home from school, the benefit they have had while attending school.

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Simonds v. Simonds
886 A.2d 158 (Court of Special Appeals of Maryland, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
886 A.2d 158, 885 A.2d 158, 165 Md. App. 591, 2005 Md. App. LEXIS 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simonds-v-simonds-mdctspecapp-2005.