Spall-Goldsmith v. Goldsmith

2012 UT App 302, 288 P.3d 1105, 720 Utah Adv. Rep. 26, 2012 WL 5258901, 2012 Utah App. LEXIS 307
CourtCourt of Appeals of Utah
DecidedOctober 25, 2012
Docket20110628-CA
StatusPublished
Cited by3 cases

This text of 2012 UT App 302 (Spall-Goldsmith v. Goldsmith) 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
Spall-Goldsmith v. Goldsmith, 2012 UT App 302, 288 P.3d 1105, 720 Utah Adv. Rep. 26, 2012 WL 5258901, 2012 Utah App. LEXIS 307 (Utah Ct. App. 2012).

Opinion

MEMORANDUM DECISION

McHUGH, Judge:

{1 Willard Leroy Goldsmith IV (Father) appeals from the trial court's Judgment After Trial on Bifurcated Decree of Divorce (the Decree), which awarded child support payments to his former wife, Renee Spall-Goldsmith (Mother). Father contends that the trial court abused its discretion by failing to comply with the Utah Child Support Act guidelines (the Guidelines) when it based its child support determination upon a sole custody worksheet rather than a joint custody worksheet. See generally Utah Code Ann. § 78B-12-102(12) (LexisNexis Supp. 2012); id. T8B-12-202 (LexisNexis 2008). We affirm.

T2 After a one-day trial on July 8, 2010, Judge Stephen L. Henriod announced his decision from the bench, concluding that it was in the best interest of the parties' minor child (Child) that Wife be awarded physical custody of Child and that the parties share joint legal custody. Judge Henriod also awarded Father parent-time of approximately 160 overnight stays per year, or roughly 44% of the year, and ruled that Father's past payments for Child's participation in extracurricular activities could be offset against child support in calculating any arrearage. Although Judge Henriod announced findings regarding the income of each party, he did not calculate the amount of child support at that time. Instead, Judge Henriod instructed Father's attorney to prepare the Decree.

T3 Father's counsel submitted a proposed decree, which included a child support award based on the joint custody worksheet provided in the Guidelines. Mother's counsel objected, asserting that child support should be calculated using the sole custody worksheet because the court had awarded her sole physical custody of Child. Before that dispute could be resolved and a final divorce decree entered, Judge Henriod retired.

14 Judge Robert W. Adkins was then assigned to the case. Based on the record and the arguments of counsel at a telephone conference, Judge Adkins entered the Decree on June 20, 2011, awarding "Physical Custody" of Child to Mother and "Joint Legal Custody" to both Mother and Father. As originally indicated by Judge Henriod, the Decree also allowed Father to exercise parent-time with Child equal to approximately 160 overnight stays per year, or roughly 44% of the year. The Decree sets Father's base child support obligation at $509 per month, a figure based on the sole custody worksheet. In addition, the Decree states that "[nleither parent is Ordered to pay for those extracurricular activities in which ... [Child] is enrolled by the other parent" and that "[alny past payments for things like football or golf that [Father] may have paid may be counted as child support for determining what the arrearage will be." Father filed a timely appeal of the Decree.

T5 Father contends that the trial court erred when it failed to base its child support award on the joint custody worksheet. Specifically, Father argues that, although the trial court awarded physical custody to Mother, he was granted overnight visitation that exceeds the thirty percent threshold for joint physical custody established by the Utah Legislature. See id. § T8B-12-102(14) (LexisNexis Supp. 2012). Thus, Father contends that the trial court was required to apply the joint custody worksheet, see id. § 78B-12-208 (LexisNexis 2008), or to make findings of fact that would justify deviation from it, see id. § T8B-12-202(8). Mother disagrees, claiming that the trial court correctly used the sole custody worksheet to calculate child support because Father was not ordered to contribute to Child's expenses in addition to child support. See id. § T8B-12-102(14). Furthermore, Mother claims that because Father's payments for Child's extracurricular activities were credited *1107 against his child support obligation, they should be considered part of the child support award, not a contribution to Child's expenses.

T6 "[A] trial court's interpretation of a statute is a question of law that we review for correctness." Davis v. Davis, 2011 UT App 311, ¶9, 263 P.3d 520 (alteration in original) (citing Blackner v. Department of Transp., 2002 UT 44, ¶8, 48 P.3d 949). Otherwise, "[wle review a trial court's child support order for an abuse of discretion." Con-nell v. Conmell, 2010 UT App 139, ¶7, 233 P.3d 836.

T7 We first review the trial court's interpretation of the statute. When facing a question of statutory interpretation, "our primary goal is to evince the true intent and purpose of the [Utah] Legislature." Salt Lake Cnty. v. Holliday Water Co., 2010 UT 45, 27, 234 P.3d 1105 (citation and internal quotation marks omitted). "The best evidence of the legislature's intent is 'the plain language of the statute itself'" State v. Miller, 2008 UT 61, ¶18, 193 P.3d 92 (quoting In re Z.C., 2007 UT 54, ¶6, 165 P.3d 1206). "When the meaning of [a] statute can be discerned from its language, no other interpretive tools are needed." Marion Energy, Inc. v. KFJ Ranch P'ship, 2011 UT 50, ¶15, 267 P.3d 863 (alteration in original) (citation and internal quotation marks omitted).

18 The Utah Child Support Act defines "[Jloint physical custody" to mean that "the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the expenses of the child in addition to paying child support." Utah Code Ann. § 78B-12-102(14). "Utah law requires a court to use a joint custody child support worksheet" when the requirements for section 78B-12-102(14) are met or to "make findings supporting its deviation." See Rehn v. Rehn, 1999 UT App 41, ¶16, 974 P.2d 306. When deviating from the joint physical custody guidelines, "the trial court must at least consider the seven factors listed in [Utah Code section 78B-12-202(3) ] and enter findings" with reference to them. See id. (citing Utah Code Ann. § 78-45-7(8) (Mi-chie 1996) (current version at id. § 78B-12-2083(3) (LexisNexis 2008)); Allred v. Allred, 797 P.2d 1108, 1111 (Utah Ct.App.1990)). "A court abuses its discretion when it fails to enter detailed findings on each of these factors." Id. (citing Allred, 797 P.2d at 1111).

T9 The relevant language of the Utah Child Support Act is plain on its face and defines joint physical custody to include both (1) that "the child stays with each parent overnight for more than 30% of the year" and (2) that "both parents contribute to the expenses of the child in addition to paying child support." See Utah Code Ann. § 78B-12-102(14). Moreover, this court has consistently interpreted the definition of joint physical custody as requiring both elements. See, e.g., Boyce v.

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Bluebook (online)
2012 UT App 302, 288 P.3d 1105, 720 Utah Adv. Rep. 26, 2012 WL 5258901, 2012 Utah App. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spall-goldsmith-v-goldsmith-utahctapp-2012.