Thielen v. Thielen

964 P.2d 645, 88 Haw. 191, 1998 Haw. App. LEXIS 171
CourtHawaii Intermediate Court of Appeals
DecidedSeptember 29, 1998
DocketNo. 20714
StatusPublished

This text of 964 P.2d 645 (Thielen v. Thielen) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thielen v. Thielen, 964 P.2d 645, 88 Haw. 191, 1998 Haw. App. LEXIS 171 (hawapp 1998).

Opinion

BURNS, Chief Justice.

Defendant-Appellant David Thielen (Defendant or David) appeals the family court’s April 24,1997 Judgment against him in favor of Plaintiff-Appellee Susan Thielen (Plaintiff or Susan) in the amount of $24,214.72. We affirm.

We decide that where the payor-spouse has been ordered by the court to pay a total of $57,600 in spousal support in thirty-six (36) monthly installments and, on October 27, 1994, when the payor-spouse owes $16,614.72 and will owe an additional $1,600.00 on November 1, 1994, and an additional $1,600.00 on the first day of each month thereafter through February 1, 1996, and the payee-spouse accepts $18,000.00 from the payor-spouse in full satisfaction of the payor-spouse’s obligation to pay past, present, and future spousal support, the agreement is invalid absent the approval of the family court.

BACKGROUND

Chronologically, the relevant events occurred as follows:

On May 27, 1993, the family court entered its Decree Granting Divorce and Awarding Child Custody (Divorce Decree). In relevant part, it ordered David to pay $57,600.00 in spousal support to Susan in monthly installments of $1,600.00 per month for thirty-six (36) months payable on the first day of each month commencing March 1, 1993. It also ordered David to pay $1,743.72 of Susan’s VISA debt.

On March 29, 1994, Susan filed her Motion for and Affidavit for Order to Show Cause for Relief After Order or Decree. On August 3, 1994, the family court entered its Order on Plaintiff Susan A. Thielen’s Motion and Affidavit for Order to Show Cause for [193]*193Relief After Order or Decree Filed on March 29, 1994 and Reviewed on July 5, 1994 (August 3, 1994 Order), stating in relevant part as follows:

[T]he Court having considered the testimony, arguments and evidence offered by the parties and having good cause therefrom, hereby orders the following:
1. Defendant continues to owe alimony to Plaintiff for the months of March, April, May, June and July of 1994 at the monthly rate of one thousand six hundred dollars ($1,600/month). Consequently, Defendant currently owes Plaintiff a total amount of eight thousand dollars ($8,000.00) in alimony for the months of March, April, May, June & July of 1994. Plaintiff shall be awarded judgment against Defendant in the amount [of] $8,000.00.
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3. Defendant has still failed to transfer to Plaintiff the three thousand six hundred seventy one dollars ($3,671.00) received by Defendant as insurance proceeds for the truck possessed by Plaintiff. Plaintiff shall be awarded another judgment against Defendant in the amount [of] $3,671.00.
4. Defendant has still failed to pay Plaintiff one thousand seven hundred forty three dollars and seventy two cents ($1,743.72), representing Defendant’s share of Plaintiff’s VISA bill. Plaintiff shall be awarded another judgment against Defendant in the amount of $1,743.72.
5. Defendant shall be required to pay to Plaintiff an additional two hundred sixty three dollars ($263.00) for Plaintiffs attorney’s fees and costs incurred as a result of the review hearing.

David explains the above order in his opening brief as follows:

In the August 3, 1994 order on Susan’s 1993 Motion for Order to Show Cause, the court found that David had paid Susan all alimony due her for the months of March 1993 through and including February 1994. The court found that he owed Susan $8,000 in alimony for the months of March, April, May, June, and July 1994, $3,671 in insurance proceeds, and $1,743.72 for Susan’s VISA bill, for a total due of $13,414.72. Between the August 3, 1994 order and October 27, 1994, the date of the release, another three months of alimony accrued—for August, September, and October—at the rate of $1,600 per month, for a total of $4,800. The court found that David made a payment of $1,600 to Susan in September 1994. Thus, it found that on October 27,1994, David owed Susan a total of [$]16,614.72.

(Record citations omitted.) An additional $1,600.00 would have been due on November 1, 1994 and on the first day of each month thereafter through February 1,1996.

On October 27, 1994, David paid Susan $18,000.00, and David and Susan each signed, before a notary public, a document stating in relevant part as follows:

Re: Completion of Divorce Decree—Financial Responsibilities
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Upon receipt of this eashier[’]s check for $ 18,000.00, David B. Thielen will have satisfied the Divorce Decree and all financial obligations to Susan Thielen.
Susan Thielen will solely be responsible for any current or future legal costs upon receipt of this check.
David B. Thielen will be sole recipient of any funds related to any pay offs on properties made following the divorce decree. By signing below, I am in receipt of the cheek listed above and understand and agree to this agreement.

On February 7, 1996, Susan filed her Motion and Affidavit for Order to Show Cause for Relief After Order or Decree seeking alimony of $21,014.72 plus attorney fees.

On February 29, 1996, David’s counsel filed a memorandum in opposition to Susan’s February 7, 1996 motion in which he stated in relevant part as follows:

In October of 1994, in light of Defendant’s rapidly declining financial affairs, Defendant decided that the only way to survive financially was to refinance the Hauula [Hau'ula] property, thereby obtaining a lower monthly payment and some [194]*194cash. Affidavit of David B. Thielen. Defendant applied for refinancing and was told he could not qualify because of the monthly alimony obligation. Id.
Accordingly, in October of 1994, Defendant offered Plaintiff a full and final settlement of his alimony obligation as set forth in the Divorce Decree to Plaintiff in exchange for a lump sum payment of $18,-000.00, money obtained from the office trailer fire insurance proceeds. See Affidavit of David B. Thielen. At the time of the offer, Defendant explained to Plaintiff in detail the reasons for his precarious financial situation and informed Plaintiff that he considered filing bankruptcy for Garden Isles if he was not able to refinance the Hauula [Hau'ula] property. Neither Defendant nor Plaintiff were at the time represented by legal counsel. Affidavit of David B. Thielen.

Susan’s February 7, 1996 motion was heard on March 5,1996. It appears that the family court notified the parties of its decision on April 16, 1996. On May 8, 1996, David filed Defendant’s Motion for Reconsideration of the Amended Decision Dated April 16, 1996 or Alternatively for Appeal. On May 20, 1996, one day before the family court decided David’s motion for reconsideration, the family court entered its Findings of Fact and Conclusions of Law; Decision and Order. Finding of fact no. 3 states “[t]hat on October 27, 1994, [David] paid [Susan] eighteen thousand dollars ($18,000.00) and [Susan] signed a ‘release’ of [David’s] financial responsibilities under said Decree.” Conclusion of law no. 4 states “[t]hat the ‘release’ does not constitute an accord and satisfaction because there was no dispute. Additionally, there was no consideration.”

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Bluebook (online)
964 P.2d 645, 88 Haw. 191, 1998 Haw. App. LEXIS 171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thielen-v-thielen-hawapp-1998.