Spreen v. Spreen

28 P.3d 769
CourtCourt of Appeals of Washington
DecidedJuly 20, 2001
Docket25218-0-II
StatusPublished
Cited by49 cases

This text of 28 P.3d 769 (Spreen v. Spreen) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spreen v. Spreen, 28 P.3d 769 (Wash. Ct. App. 2001).

Opinion

28 P.3d 769 (2001)
107 Wash.App. 341

In re the Marriage of Marie Annette SPREEN, Appellant,
v.
Alan Tombaugh SPREEN, Respondent.

No. 25218-0-II.

Court of Appeals of Washington, Division 2.

July 20, 2001.

*771 James Michael Caraher, James Caraher & Associates, Tacoma, WA., for Appellant.

Robert Martin Hill, Morgan Hill, Pc, Olympia, WA., for Respondent.

*770 ARMSTRONG, C.J.

When Marie and Alan Spreen divorced in 1995, the trial court awarded Marie maintenance of $1,400 per month for four years. In late 1998, Marie petitioned for an extension and increase of maintenance based on a change in circumstances—her worsened mental health—that made her unemployable. The trial court extended maintenance, implicitly finding that there was a change in circumstances. But the court limited the maintenance to one additional year, finding that Marie had received maintenance "long enough" and that government assistance is available to people unable to work because of medical problems. Marie appeals, arguing that the court relied on improper factors when determining how long to extend maintenance. We agree and reverse and remand.

FACTS

Marie and Alan Spreen separated in 1993 after 17½ years of marriage. They have two children, both deaf. The 1995 dissolution decree required Alan to pay spousal support of $1,400 per month for four years from January 1995 to December 1998. The court based this amount and its duration on the length of the marriage, Alan's income (at that time between $60,000 and $80,000 per year), and Marie's lack of employment experience and skills.[1]

In November 1998, Marie petitioned to increase the maintenance amount and to extend it indefinitely with a review in two years.[2] Marie alleged that her mental health problems had worsened since the divorce. Alan agreed to continue paying maintenance while the modification action was pending.

At a hearing on June 25, 1999, Marie presented declarations from her medical doctor, psychologist, and psychiatrist; all agreed that she suffered from severe depression and bipolar disorder that made her unable to work outside the home. Psychotherapist Joseph L. Price stated that Marie had been diagnosed with bipolar disorder and was not "physically or emotionally capable of being employed at the present time." CP at 2. Psychiatrist Rae Wisler stated that Marie suffers from "severe, chronic depression" and that she was not responding well to medication. CP at 7. Dr. Wisler stated, "Marie's depressions, on a basis of reasonable medical probability, render her unemployable and fully disabled." CP at 8. Dr. Wisler anticipated that Marie would continue to need treatment with her current team of providers for another eighteen months to two years.

The trial judge noted that the parties had been married 17½ years, that Alan earned $6,500 per month, and that, although Marie had a college degree and is certified to teach English as a second language, she had not worked outside the home during the marriage. The court also observed that Marie's depression had worsened. The court granted Marie's motion in part, extending maintenance *772 until December 1999, one year past the original termination date. The court acknowledged Marie's mental health problems, but it concluded that

[s]ix years[[3]] of maintenance should be all that [Marie] is entitled to and that [Alan] should have to pay. [Marie] is supposed to do something, find a job, and if she can not, then she needs to look through other sources. Government agencies can help people that can't work for medical reasons.

CP 83.

ANALYSIS

I. Modification of Maintenance

We review a modification order for substantial supporting evidence and for legal error. In re Marriage of Stern, 68 Wash. App. 922, 929, 846 P.2d 1387 (1993). Substantial evidence supports a factual determination if the record contains sufficient evidence to persuade a fair-minded, rational person of the truth of that determination. Bering v. SHARE, 106 Wash.2d 212, 220, 721 P.2d 918 (1986).

A court may modify a maintenance award when the moving party shows a substantial change in circumstances that the parties did not contemplate at the time of the dissolution decree. Wagner v. Wagner, 95 Wash.2d 94, 98, 621 P.2d 1279 (1980); see RCW 26.09.170(1). "The phrase `change in circumstances' refers to the financial ability of the obligor spouse to pay vis-à-vis the necessities of the other spouse." In re Marriage of Ochsner, 47 Wash.App. 520, 524, 736 P.2d 292 (1987). We will not reverse a finding that a change in circumstances justifies modification absent an abuse of discretion. Lambert v. Lambert, 66 Wash.2d 503, 508, 403 P.2d 664 (1965).

Substantial evidence supports the trial court's conclusion that Marie's circumstances have changed sufficiently to warrant a maintenance extension. At the time of the original dissolution, the parties anticipated that Marie would be able to obtain job skills and begin working outside the home by December 1998. But Marie's worsening depression and bipolar disorder prevented her from doing so. Although the trial court never expressly concluded that there had been a change in circumstances, it stated, "[Marie] does have a problem; depression, bipolar, and she does need help...." RP at 22. Accordingly, the trial court modified the maintenance award. This decision to modify maintenance, based on the implicit finding of changed circumstances, was not an abuse of discretion.

But having determined that Marie was entitled to more maintenance because of her changed circumstances, the trial court abused its discretion by arbitrarily limiting maintenance to one additional year. RCW 26.09.090 sets forth a nonexclusive list of factors the court shall consider in determining a spousal maintenance award.[4] The statute provides:

(1) In a proceeding for dissolution of marriage, legal separation, declaration of invalidity, or in a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse. The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, after considering all relevant factors including but not limited to:
(a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him, and his ability to meet his needs independently, including the extent to which a *773 provision for support of a child living with the party includes a sum for that party;
(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find employment appropriate to his skill, interests, style of life, and other attendant circumstances;

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Bluebook (online)
28 P.3d 769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spreen-v-spreen-washctapp-2001.