Toyama v. Toyama

922 P.2d 1068, 129 Idaho 142, 1996 Ida. LEXIS 122
CourtIdaho Supreme Court
DecidedSeptember 3, 1996
Docket21947
StatusPublished
Cited by20 cases

This text of 922 P.2d 1068 (Toyama v. Toyama) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Toyama v. Toyama, 922 P.2d 1068, 129 Idaho 142, 1996 Ida. LEXIS 122 (Idaho 1996).

Opinions

TROUT, Justice.

This appeal determines whether a provision in a divorce decree allowing for the reduction of spousal support (maintenance) due to the payor spouse’s disability requires judicial approval prior to the abatement of payments.

I.

BACKGROUND

The divorce decree dissolving the marriage between Roy and Barbara Toyama and dividing the community property (hereinafter the “Judgment”) was entered on February 9, 1983. The Judgment provided for the payment of permanent maintenance by Roy to Barbara in the amount of $2500 per month that increased automatically to $3500 per month in 1987. The maintenance payments were terminable only upon Roy or Barbara’s death, although the Judgment further provided that:

in the event the plaintiff, ROY TOYAMA, should sustain or suffer disability as result of accident, illness or advance infirmities of age by which his earning power in the practice of his profession is diminished and effected by disability, then in such event, to the extent that the earning power of the plaintiff, ROY TOYAMA, is reduced as result thereof, the plaintiff shall be entitled to a one-half percentage reduction in the monthly alimony granted and awarded unto the defendant, BARBARA TOYAMA, herein. In further clarification of such award, and condition if as result of disability, the earning ability of the plaintiff shall be reduced 30%, he shall thereafter be entitled to a 15% reduction in the alimony monthly payment and award due the defendant, BARBARA TOYAMA, pursuant to this Judgment.

In October of 1991, Roy reduced his maintenance payments by one-half to $1750 per month. The record reflects that Roy’s reduced payments were actuated by his retirement from the practice of ophthalmology at [144]*144the age of sixty-six due to the onset of arthritis. The maintenance reduction was not made with Barbara’s approval nor was it pursuant to any judicial determination that Roy was entitled to the reduction.

Barbara filed a petition with the district court in April of 1992 followed by an amended petition filed in October of 1992, both claiming relief in an amount equal to the unpaid maintenance resulting from Roy’s reductions in payments. Barbara claimed in the original petition that Roy had not, in fact, retired and that he continued to receive compensation for his services. The amended petition makes no mention of Roy’s continued employment and, instead, avers that Roy’s earning power has not been totally diminished by reason of infirmities of age, accident or illness.

In August of 1993, Barbara filed a motion for entry of judgment against Roy for all unpaid maintenance claiming that, under the Judgment, Roy could not unilaterally reduce his payments and should have first filed a motion and received judicial authorization. The magistrate denied Barbara’s motion, finding that the provision for reduction of maintenance payments in the Judgment was self-executing. Barbara appealed the magistrate’s order to the district court which affirmed the magistrate’s decision. This appeal ensued.

II.

STANDARD OP REVIEW

Barbara argues that, although spousal support awards in Idaho may in some cases be drafted as self-modifying provisions, the magistrate and district court incorrectly concluded that the Judgment should be interpreted as such. Where, as here, the issue presented was first decided in the magistrate division of the district court and then appealed to the district court, we review the magistrate’s decision independent of, but with due regard for, the district court’s appellate decision. Noble v. Fisher, 126 Idaho 885, 888, 894 P.2d 118, 121 (1995) (citing Ireland v. Ireland, 123 Idaho 955, 957-58, 855 P.2d 40, 42-43 (1993)). As this Court has previously held, the rules of construction of contracts apply equally to the interpretation of divorce decrees. DeLancey v. DeLancey, 110 Idaho 63, 65, 714 P.2d 32, 34 (1986). If the language of the decree is clear and unambiguous, determination of the its meaning and legal effect is a question of law upon which this Court exercises free review. Id. If, on the other hand, the language of the decree is reasonably susceptible to conflicting interpretations, it is considered ambiguous, and the determination of its meaning is a question of fact. Id., 714 P.2d at 34. In that case, the magistrate’s interpretation of the decree will be upheld if supported by substantial and competent evidence. Ireland, 123 Idaho at 958, 855 P.2d at 43.

III.

REDUCTION OF ALIMONY PAYMENT

Barbara maintains that the language of the Judgment is unambiguous and that the provision allowing Roy to reduce his alimony payments if he were to become disabled requires judicial intervention. She argues that, because Roy’s disability is reasonably open to dispute, the Judgment here should be distinguished from the divorce decree in Brazier v. Brazier, where the self-executing future increases in support were fixed in time. 111 Idaho 692, 699, 726 P.2d 1143, 1150 (Ct.App.1986), overruled in part on other grounds by Swope v. Swope, 112 Idaho 974, 982, 739 P.2d 273, 281 (1987). For that reason, Barbara contends, the Judgment must be interpreted to require Roy first to file a motion for the reduction of maintenance payments, as provided in I.C. § 32-709, before reductions in payments may be made.

We note, however, that the language used in Brazier resists the limitation Barbara would have this Court place on a divorce court’s ability to provide for self-executing adjustments in support payments. As Judge Burnett cogently recognized, the purpose of I.C. § 32-709 is to minimize the number of occasions when divorce decrees must be disturbed. Id., 726 P.2d at 1150. This purpose is well served by providing for automatic future adjustments in payments, [145]*145even when the factor upon which the automatic adjustment hinges is somewhat uncertain. If the needs or resources of the spouses are “likely to change in the future, ... there is no logical reason to deprive a judge of authority to prescribe a payment schedule containing future adjustments.” Id. (emphasis added), 726 P.2d at 1150. Contrary to Barbara’s assertion, then, certainty is not a prerequisite for inserting a clause of this nature. If the court’s assessment as to the projected future needs or resources of the spouses is in error, the aggrieved party is entitled to seek a modification under I.C. § 32-709. Id., 726 P.2d at 1150. Indeed, we should emphasize that the presence of an automatic future adjustment clause in a support award does not in any way inhibit the court’s continuing jurisdiction to modify that award pursuant to I.C. § 32-709. The parties may not, through the insertion of such a provision, infringe upon the court’s inherent authority under this statute to modify a support award when presented with “a substantial and material change of circumstances.” I.C. § 32-709.

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Bluebook (online)
922 P.2d 1068, 129 Idaho 142, 1996 Ida. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toyama-v-toyama-idaho-1996.