Slade v. Slade

2005 VT 39, 872 A.2d 367, 178 Vt. 540, 2005 Vt. LEXIS 76
CourtSupreme Court of Vermont
DecidedMarch 23, 2005
DocketNo. 04-097
StatusPublished
Cited by11 cases

This text of 2005 VT 39 (Slade v. Slade) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Slade v. Slade, 2005 VT 39, 872 A.2d 367, 178 Vt. 540, 2005 Vt. LEXIS 76 (Vt. 2005).

Opinion

¶ 1. Wife appeals the family court’s final divorce order, arguing that the court’s division of marital property and its award of spousal maintenance are deficient, given the law and the circumstances of this case. We affirm.

¶2. The parties married in 1982 and separated in 2001. They have two children, the first born in 1986 and the second in 1989. Wife and husband both worked full-time until the first child was born, at which point wife became a full-time homemaker. Wife returned to work part-time in 1993 and resumed full-time work in 1999. At the time of the hearing [541]*541before the magistrate in December 2002, wife was earning $25,000 per year working as an administrative assistant for a public school district. During the .marriage, husband’s income as a town employee gradually rose from approximately $25,000 to $50,000 per year until 1999 when he began earning significantly more money selling heavy equipment for a private company. In December 2002, the magistrate found that husband had gross income of approximately $150,000 per year. The parties saved little money during their marriage, however, and thus, at the time of the divorce, the entire marital estate, including the marital home, was worth about $150,000.

¶ 3. On December 20,2002, after a contested hearing, the magistrate issued a temporary order requiring husband to pay wife $1,432 in monthly child support and $2,000 in monthly maintenance. The magistrate also awarded wife $88 in monthly supplemental maintenance to “equalize the incomes in the households and thereby ensure that the children have the same standard of living with each parent.” The parties reached an agreement regarding parental rights and responsibilities, and they settled some issues related to the marital property. They could not agree on how to split up the remainder of their property or on the duration of spousal maintenance. On January 21, 2004, following hearings in November and December 2003, the family court issued a final divorce order. The court awarded wife approximately $75,000 in assets, roughly one-half of the marital estate, and $2,000 in monthly maintenance for a period of twelve years. The court ordered the parties to continue abiding by the magistrate’s order on child support and supplemental maintenance. Wife filed the present appeal.

¶ 4. On appeal, wife argues that the court abused its discretion by (1) failing to award her spousal maintenance for the twenty years she requested; (2) inequitably distributing the marital property; (3) requiring the parties to share uninsured medical expenses; (4) giving husband a small set-off against his child support arrears; and (5) allowing husband to claim a tax exemption for his son.

¶5. Before reaching the merits of wife’s arguments, we must address the standard of review because the final order omits findings of fact. The family court must issue fact findings if any party timely requests them, but it is not compelled to do so absent a request. V.R.C.P. 52(a); Kaplan v. Kaplan, 143 Vt. 102, 104, 463 A.2d 223, 224 (1983). Even if not required, however, findings and conclusions are “an invaluable aid to appellate courts,” and “review is rendered more difficult” without them. Kaplan, 143 Vt. at 105, 463 A.2d at 225. If the court makes findings of fact — whether upon request or on its own initiative — the findings must be adequate to explain to the parties, and to this Court on appeal, how the family court arrived at its decision. Maurer v. Maurer, 2005 VT 26, ¶ 12, 178 Vt. 489, 872 A.2d 326. Thus, a failure to request findings has “the effect of precluding any claim challenging the adequacy of the findings” when the court does not make them on its own initiative. Helm v. Helm, 148 Vt. 336, 338, 534 A.2d 196, 197 (1987). The appealing party is still entitled to review, however. Where findings are neither requested nor made, this Court must assume that the trial court found every contested issue of fact necessary to sustain the judgment. Powell v. Powell, 645 A.2d 622, 623-24 (Me. 1994); Pizziconi v. Yarbrough, 868 P.2d 1005, 1009 (Ariz. Ct. App. 1993). “The question becomes whether or not, viewing that evidence in the light most favorable to the prevailing party, there is support in the evidence for the decree of [542]*542divorce as made.”

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Bluebook (online)
2005 VT 39, 872 A.2d 367, 178 Vt. 540, 2005 Vt. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slade-v-slade-vt-2005.