Steele v. Steele

Opinion

I 1

:

IN THE SUPERIOR COURT OF GUAM

JUDE THADDEUS STEELE, Superior Court Case No. DM0216-21

Plaintiff, DECISION AND ORDER RE MOTION VS. FOR SPOUSAL SUPPORT AND ATTORNEY’S FEES PENDENTE LITE LYDIA BANGAYAN STEELE,

Defendant.

Defendant Lydia Bangayan Steele moves this Court for an award of spousal support and

attorney’s fees pending the outcome of this divorce proceeding. For the reasons set forth below,

the Court GRANTS in part Lydia’s Motion for Pendente Lite Spousal Support and Attorney’s

fees.

I. FACTUAL BACKGROUND

The parties married in Fairfax, Virginia, on April 17, 2019. Plaintiff Jude Thaddeus

Steele is a citizen of the United States and Lydia is a citizen of the Republic of the Philippines.

Before the marriage, Jude petitioned to be Lydia’s immigration sponsor and signed an Affidavit

of Support, in which he certified that he was willing and able to receive, maintain, and support

Lydia. Mot., Ex. A (Aug. 2, 2021). However, USCIS subsequently denied Lydia’s Green Card

application.

Jude currently resides in Guam and works as a professional engineer. Lydia has never

resided in Guam and is unable to work due to her immigration status.

ci F DM02 16-21 . DECISION AND ORDER RE MOTION FOR SPOUSAL e Page 2 SUPPORT AND ATTORNEY’S FEES PENDENTE LITE

The parties separated on either December 23, 2020, or February 1, 2021. Jude flied a

Complaint for Divorce on May 27, 2021, seeking a divorce based on irreconcilable differences.

Lydia filed an Answer and Counterclaim and seeks a divorce on the grounds of adultery, extreme

physical and mental cruelty, and abandonment. She asks the Court to award her all conununity

property, plus compensatory and punitive damages for physical abuse that she claims Jude

caused her.

Lydia moved for pendente lite spousal support and attorney fees on August 2, 2021. She

seeks $3,500 per month as temporary spousal support from the date of filing the Motion, and

$5,000 for reasonable attorney’s fees and costs to enable her to litigate the divorce. In support of

her Motion, Lydia included a declaration, invoices from Steele Contracting Corporation, Jude’s

Affidavit of Support, Defendant’s First Set of Interrogatories to Plaintiff, and Defendant’s first

Set of Requests for Production of Documents to Plaintiff. Jude filed an Opposition on

September 7, with a declaration in support.

II. LAW AND DISCUSSION

A. Spousal Support

When an action for dissolution of marriage is pending, the court may, in its discretion,

require the husband or wife, as the case may be, to pay as alimony any money necessary to

enable the wife, or husband, to support herself and her children, or to support himself and his

children, or prosecute or defend the action.” The purpose of temporary spousal support is to

enable the economically dependent spouse to live in his or her accustomed manner while the

divorce action is pending. Matabanan v. Malabanan, 2013 Guam 30 ¶ 28 (citing Whelan v.

Whelan, 197 P.2d 361, 362-63 (Cal. Ct. App. 1948)). In determining an amount of spousal

support, the trial court must exercise its sound discretion, considering the circumstances of the

t\ r b i’J 1 1 DM02 16-21 DECISION AND ORDER RE MOTION FOR SPOUSAL Page 3 SUPPORT AND ATTORNEY’S FEES PENDENTE LITE

parties, their necessities, and ability to pay. See Cruz v. Cruz, 2005 Guam 3 ¶ 10 (citing Arnold

v. Arnold, 12 P.2d 435, 436 (Cal. 1932)). This requires examining the parties’ respective incomes

and earning abilities, the property each possesses, and their needs. See Cruz, 2005 Guam 3 ¶ 10

(citing Sweeley v. Sweeley, 170 P.2d 469, 470 (Cal. 1946)). Additionally, courts have looked to

the parties’ prior and present standard of living, the length of the marriage, and the parties’ age,

education, and respective abilities. Kang v. Kang, 2014 Guam 10 ¶ 10.

i. Income and Earning Capacity

Lydia asserts that Jude has an average income of $4,100 per week or $16,400 per month.

In support of her assertion, she submitted invoices from Steele Contracting Corporation for

March, April, May, and June 2021. Motion Ex. B. The invoices support Lydia’s assertion that

Jude’s income is $16,400 per month. Jude did not provide an alternative income or dispute that

the amount billed on the invoices represented his income.

As to Lydia’s income, she asserts that her immigration status prevents her from working.

Jude argues that Lydia worked illegally in a nail salon in the three years before their marriage.

He contends that this indicates that she can attain work even if she is technically not permitted to

work due to her immigration status.

The questions of Lydia’s immigration status and work authorization are federal matters

beyond this Court’s jurisdiction. But in the exercise of its domestic jurisdiction, the Court will

not issue a decision that amounts to a practical requirement that Lydia obtains work illegally.

See Douglas Stephen Farrer v. Lulainah Binte Johari, DM0256-l5 (Dec. and Order (Dec. 18,

2015)) (citing Levy v. Levy, 862 So.2d 48 (Fla. Dist. Ct. App. 2003) and Korn v. Korn, $67 So.2d

338, 346 (Ala. Civ. App. 2003)).

Accordingly, the Court determines that the income and earning capacity of the Jude is DM02 16-21 • DECISION AND ORDER RE MOTION FOR SPOUSAL Page 4 SUPPORT AND ATTORNEY’S FEES FENDENTE LITE

$16,400 per month, and the income and earning capacity of Lydia is $0.00 per month.

ii. Property

Both parties have made mention of property in the other party’s control. Still, neither has

provided the Court with the specificity needed to determine the value of the property or its effect

on the ability of the parties to support themselves.

In his Complaint for Divorce, Jude claims that he owns, as separate property, a

townhouse in Virginia, a 2019 Hyundai Kona, clothing, jewelry, and other personal effects. He

states that Lydia owns separate property, such as clothing, jewelry, and other personal effects.

Lydia’s Answer and Counterclaim for Divorce states that the parties do not own any

separate property. She claims that the parties own the following community property:

o Savings; o Jude’s retirement; and o Lydia’s stimulus check that Jude stole.

Def. ‘s Verified Answer and Counterclaim for Divorce (Jul 15, 2021).

Accordingly, the Court does not consider the alleged property in determining whether

Lydia is entitled to spousal support pendente tite.

iii. Affidavit of Support

Lydia argues that Jude’s Affidavit of Support is a legally enforceable contract between

Jude and Lydia under which Lydia is entitled to enforce Jude’s obligation to support her. In

support of her argument, Lydia points to In reMarriage ofKurnar. 13 Cal. App. 5th 1072 (2017).

In In re Marriage ofKumar, the California Court of Appeal held that an immigrant spouse has

standing to enforce the support obligation created by a form 1-864 Affidavit of Support in state

court divorce proceedings. Id. at 1074. DM0216-21 DECISION AND ORDER RE MOTION FOR SPOUSAL Page 5 SUPPORT AND ATTORNEY’S FEES PENDENTELITE

The Court finds that the present matter is distinguishable from In re Marriage ofKumar.

In In re Marriage ofKumar, the court analyzed the enforceability of a form 1-864 Affidavit of

Support. Specifically, the signer of form 1-864 must provide the intended immigrant any support

necessary to maintain him or her at an income of at least 125 percent of the federal Poverty

Guidelines. Id. at 1079. Moreover, form 1-864 specifically states when the obligations end and

that divorce does not terminate your obligations under form 1-864. Id.

In contrast, here, Jude signed a form 1-134 Affidavit of Support. form 1-134 does not

contain the same specific support terms; instead, the signor must certify that he or she is willing

and able to receive, maintain, and support the beneficiary. Motion Ex. A. Accordingly, due to

the differences between form 1-864 and form 1-134 stated, the Court declines to enforce any

obligation of support stated in Jude’s form 1-134 Affidavit of Support.

iv. Needs of the Parties

The purpose of temporary spousal support is to enable the economically dependent

spouse to live in his or her accustomed manner while the divorce action is pending. Malabanan,

2013 Guam 30 ¶ 28 (citing Whelan, 197 P.2d at 362-63).

The Court first turns to the parties’ expenses. Jude did not provide the Court with a list

of his expenses. Lydia has listed the following estimate of her expenses:

Rent $1,200 Utilities $200 Transportation $100 food/Groceries $900 Telephone $80 Laundry $70 Medical Insurance $450

Total: $3,000

Motion, Def.’s Decl. DM02 16-21 DECISION AND ORDER RE MOTION FOR SPOUSAL . Page 6 SUPPORT AND ATTORNEY’S FEES PENDENTELITE

Neither party listed any community debt. Lydia asserts that she has borrowed at least

$20,000 to cover her emergency needs and the initial cost of hiring legal counsel. M Since

Lydia incurred this debt after the parties separated, the Court does not consider it in determining

whether Lydia is entitled to spousal supportpendente lite. See 19 GCA § 6102; see also Bias v.

Cruz, 2009 Guam 12 ¶ 23.

Considering the parties incomes’ and earning capacities and their needs, the Court

determines that Lydia is owed as spousal support pendente tite, and Jude is ORDERED to make

payment of $3,000 per month.

v. Arrears on Spousal Support

Having determined that an award of spousal support pendente lite is appropriate, the

Court must determine when Lydia’s right to receive spousal support pendente lite accrued. In the

child support context, the Guam Supreme Court has expressed a preference for using the date of

filing the motion to modify support. See Leon Guerrero v. Moylan, 2002 Guam 18 ¶ 45; see also Lanser v. Lanser, 2003 Guam 14 ¶ 27 (“Once the trial court determined that a modification was

necessary, it was required to rule that the modification was effective retroactively to the date that

the motion was filed without evidence justifying a later date.”).

Other jurisdictions pennit awards of spousal support pendente lite to be made retroactive

to the time the party first raised a claim for it. See Dyer v. Dyer, 536 A.2d 453, 457 (Pa. Super.

1988); see also Roedel v. Roedel, 78$ S.W. 78$, 791 (Mo. Ct. App. 1990) (“an award of

temporary maintenance ... may be made retroactive to the date the motion seeking such an award

was filed.”). The Court agrees. Neither Lydia’s need for support nor Jude’s ability to pay

support depends on the exigencies of the Court’s docket, the time permitted for the parties to file

briefing, or the time available to the Court to nile on the Motion. DM0216-21 DECISION AND ORDER RE MOTION FOR SPOUSAL Page? SUPPORT AND ATTORNEY’S FEES PEWDENTE LITE

Here, Lydia first asserted a claim to spousal support pendente lite in the present Motion,

which she filed on August 2, 2021. From that point forward, Jude was put on notice of her

claim. Having vindicated her claim, Lydia’s right to receive spousal support pendente lite

accrued on August 2, 2021. Accordingly, the Court shall calculate the amount of arrears starting

from August 2.

Prorating the value of $3,000 by the number of days remaining in August after filing this

Motion, Jude owes Lydia $2,903.29 for August. Jude owes Lydia $3,000 per month for

September, October, and November, which multiplied by two months totals $9,000. $9,000 plus

$2,903.29 equals $11,903.29 of accrued arrears from the filing of Lydia’s Motion through the

end of October. Jude is ORDERED to begin to make ongoing monthly payments of $3,000 in

December, no later than Monday, December 6, 2021. Every month thereafter until the resolution

of this case or further Court order, Jude is ORDERED to pay $3,000 no later than the fifth day of

the month or the following business day if the fifth falls on a weekend or holiday.

B. Aftorney’s Fees

Payment of the costs of attorney’s fees is likewise governed by 19 GCA § 8402: “[w]hen

an action for dissolution of marriage is pending, the court may, in its discretion, require the

husband or wife, as the case may be, to pay as alimony any money necessary to ... prosecute or

defend the action.” 19 GCA § 8402. Like determining spousal support, this requires examining

the parties’ respective incomes and earning abilities, the property each possesses, and their needs.

See Cruz, 2005 Guam 3 ¶ 10 (citing Sweeley, 170 P.2d 469, 470).

With regard to the parties’ respective incomes and earning abilities and the parties’

property, the Court has the information it needs to determine if Lydia should be awarded

attorney’s fees, and if so, how much. However, the Court lacks adequate information on Lydia’s DM0216-21 . DECISION AND ORDER RE MOTION FOR SPOUSAL . Page 8 SUPPORT AND ATTORNEY’S FEES PENDENTELITE

need for attorney’s fees. She declares: “My attorney fees are $5,000.00.” Mot., Def.’s Deci. But

while Lydia provides a list of her household expenses, there is no similar breakdown of how a

$5,000 obligation to pay attorney’s fees occurred or will occur. Without further information,

Jude cannot make an informed argument against the fee award, and the Court is unable to

determine the reasonableness of the requested amount.

Therefore, Lydia and her counsel may submit further documentation, in the form of a

declaration made under penalty of perjury and related exhibits, breaking down the legal work

done on this case and the fees accrued during it, no later than November 16, 2021. Any

privileged material should be redacted from these documents. Should he choose to do so, Jude

may file an opposition to attorney’s fees, either to liability or to amount, or both, no later than

November 23, 2021.

III. CONCLUSION AND ORDER

Based on the aforementioned reasons, the Court GRANTS in part Lydia’s Motion for

Spousal Support and Attorney’s Fees. The Court assesses arrears of spousal support owed by

Jude to Lydia of $11,903.29, from August 2, 2021, to November 30, 2021. As spousal support

pendente lite, Jude is ORDERED to pay Lydia $3,000 per month. The first payment of $3,000

shall be made no later than December 6, 2015, and subsequent payments shall be made no later

than the fifth day of every subsequent month, or the following business day if the fifth falls on a ,

weekend or holiday, pending the resolution of this case or further order of this Court. The parties

may negotiate between themselves on a schedule and means for Jude to pay the $11,903.29.

Lydia and her counsel may submit documentation, with any privileged material redacted,

justifying the request for $5,000.00 of attorney’s fees, no later than November 16, 2021. Jude DM02 16-21 . DECISION AND ORDER RE MOTION FOR SPOUSAL . Page 9 SUPPORT AND ATTORNEY’S FEES PENDENTE LITE

may file an opposition to attorney’s fees, either to liability or to amount, or both, no later than

SO ORDERED this 1st day of November 2021.

H. ELYZE M. IRIARTE Judge, Superior Court of Guam

SERVk.L JA e-MAIL I acknowledge that an electronic copy ot the original was e-mailed to: @S)/YL4

d,ii Date: 11 e: Joseph amba, Jr. i / )1-t Deputy Clerk, Supenor Coutt of Guañi

App earing Attorneys: Gary W.F. Gumataotao, Esq., Law Offices of Gumataotao & Pole, P.C., for Plaintiff Lydia Bangayan Steele Jeffrey A. Cook, Esq., Law Offices of Cunliffe & Cook, for Defendant Jude Thaddeus Steele