Sule v. Sule
Opinion
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IN THE SUPERIOR COURPOfa\tUAM 2 20!3 JUL I 9 Pti l.J: I 8 HUGH L. SULE, ) Domestic Case No. DM 0274-13 3
4 Plaintiff, ~ ~L~RK OF COURT ) uY. DECISION & ORDER 5 vs. )
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6 MONALIZA D. SULE, )
7 Defendants, )
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8 ) 9
10 INTRODUCTION II This matter came before the Honorable Judge Michael J. Bordallo on July 8, 2013. I2 Plaintiff was represented by Attorney Ronald P. Moroni. Defendant was represented Attorney 13 William B. Pole. After having carefully received and reviewed the papers, arguments and the I4
I5 file herein the court hereby denies in part and grants in part Defendants' motion for pendente
16 lite support and attorney fees. Based upon the facts and legal standard outlined below Plaintiff I7 shall pay the Defendant a support amount of $500.00 each month for the next three consecutive I8 months following this order.
19 BACKGROUND
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2I On May 24, 2013, Defendant, pursuant to 19 GCA § 8402, filed a paper entitled, Ex
22 Parte Motion for Pendente Lite Support and Attorney Fees Memorandum of Points and 23 Authorities. In its paper Defendant requests that the court order that Plaintiff pay her $5000.00 24 for outstanding attorney fees and $5,000.00 each month in financial support for her necessities.
25 In support of this request Defendant attests that to date she: has no place to live and is currently 26
27 residing in a shelter; is caring for the Parties' 18-month old child; is not employed; has no
28 reliable source of income; does not have a driver's license; was physically and verbally abused
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by her husband; and has incurred more than $5,000.00 in attorney fees and legal costs.
2 Defendant asserts that during their marriage Plaintiff provided her with $4,500.00 each month, 3 the majority of which she sent to her family in the Philippines. She also asserts that Plaintiff:
4 makes approximately $272,000.00 each year; is the owner of multiple properties; owns a 5
6 Lamborghini, Lexus, Mercedes, a Cube Centra Nisson and a customized bike. 7 On July 5, 2013, Plaintiff Hugh L. Sule, filed a paper entitled, Plaintiffs Opposition to 8 Defendant's Motion for Pendente Lite Support and Attorney Fees. In his paper Plaintiff asserts 9 and argues that Defendant has failed to assert enough facts meet the requisite legal standard 10
II applied by the Guam Supreme court. Plaintiff asserts that this standard mandates that a
12 Defendant must in detail inform the court of her needs and her resources. He argues and asserts 13 that Defendant has misstated her resources and misrepresented her: housing and support needs 14 and ability to obtain gainful employment. He further asserts that his current wages and income 15 are not sufficient to meet his monthly expenses.
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17 Defendant did not file a paper in reply to Plaintiffs opposition papers.
18 DISCUSSION 19 Defendant has requested that the court enter a pendent lite support order awarding her 20 $5,000.00 in attorney fees and $5,000 each month. Section 8402 of Title 19 of the Guam Code 21 authorizes and regulates a court's ability to grant a pendent lite support order. It falls under 22
23 Article 4's General Provision's and is entitled, Alimony and Permanent Support. In full it
24 provides, 25 When an action for dissolution of marriage is pending, the court may, in its 26 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 27 children, or to support himself and his children, or prosecute or defend the action. When the husband or wife willfully deserts the wife or husband, or when 28 the husband or wife has any cause of action for dissolution of marriage as provided in§ 8203 of this Title, he or she may, without applying for dissolution Pagel of5 of marriage, maintain in the Superior Court an action against her or him for permanent support and maintenance of himself or herself or of himself and 2 children or of herself and children. When the husband willfully fails to provide 3 for the wife, she may, without applying for dissolution of marriage, maintain in the Superior Court an action against him for permanent support and 4 maintenance of herself or of herself and children. 5 During the pendency of any such action the court may, in its discretion, require 6 the husband or wife, as the case may be, to pay as alimony any money necessary for the prosecution of the action and for support and maintenance, and execution 7 may issue therefor in the discretion of the court. The court, in granting the 8 husband or wife permanent support and maintenance of himself or herself, or of himself and children or herself and children, in any such action, shall make the 9 same disposition of the community property and of the homestead, if any, as would have been made if the marriage had been dissolved by the decree of a 10 court of competent jurisdiction. The final judgment in such action may be 11 enforced by the court by such order or orders as in its discretion it may from time to time deem necessary, and such order or orders may be varied, altered, or 12 revoked at the discretion of the court. 13 19 G.C.A. § 8402 (2013).
14 On its face Section 8402 provides that support ordered by the court for: alimony, any 15 money necessary for the prosecution of the action, or for support and maintenance is to be 16
17 awarded at the discretion of the court. !d. In 2005 the Guam Supreme Court explained that,
18 ''the 'discretion of the trial court ... is not arbitrary; it must be exercised along legal lines, taking 19 into consideration the circumstances of the parties, their necessities, and the financial ability of 20 the husband."' Cruz v. Cruz, 2005 Guam 3 ~ 10; Arnold v. Arnold, 12 P.2d 435, 436 (Cal.
21 1932). Similarly the court explained, "the word 'necessary' has not a fixed meaning, but is 22
23 flexible and relative .... inasmuch as the action of the court rests in discretion." Cruz v. Cruz,
24 2005 Guam 3 ~ 10. 25 In this case whether and to what degree the Defendant has the means to support herself 26 is in dispute. Furthermore Plaintiffs ability to meet his own financial obligations and or 27 provide support to the Defendant is also in dispute. The parties' pleadings and papers also 28 allege disputed acts of verbal and physical abuse and control.
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Not in dispute in this case is the relatively short length of the parties' 3 year marriage.
2 During the marriage, it is unlikely that the parties would have acquired a significant amount of 3 marital assets or come to rely upon a higher standard of living that their mutually acquired 4 assets provided. Absent this or a more clear and detailed assertion of the Defendant's ability to 5
6 obtain gainful employment the court is unable to factually support a pendent lite order in the
7 amount requested by Defendant 8 Plaintiff does not dispute that Defendant is not currently gainfully employed.
9 Defendant, further, does not dispute that she has in the past been gainfully employed and has 10 the skills and experience necessary to again acquire employment. She also does not dispute II
12 Plaintiff's assertion that she has obtained adequate housing and a temporary means of paying
13 for her basic necessities. In light of these facts and under the authority outlined in Section 8402 14 of Title 19 of the Guam Code, the court finds that Defendant is entitled to a temporary support 15 award. This award is intended to assist Defendant in seeking and obtaining employment, 16 providing for her basic needs and meeting her current financial obligations.
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CONCLUSION
2 For the reasons set forth above Defendant's motion for pendente lite support is 3 temporarily granted and shall last for a period of three months from the date ofthis order.
4 Plaintiff is hereby ordered to provide the Defendant a payment of $500.00 each month. The 5
6 first payment is due 7 days from the date of this order and each of the subsequent two months
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