Wheeler v. Wheeler

831 So. 2d 629, 2002 Ala. Civ. App. LEXIS 262, 2002 WL 511498
CourtCourt of Civil Appeals of Alabama
DecidedApril 5, 2002
Docket2001036
StatusPublished
Cited by7 cases

This text of 831 So. 2d 629 (Wheeler v. Wheeler) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wheeler v. Wheeler, 831 So. 2d 629, 2002 Ala. Civ. App. LEXIS 262, 2002 WL 511498 (Ala. Ct. App. 2002).

Opinion

CRAWLEY, Judge.

Kay “Wheeler (“the wife”) sued Harry S. Wheeler III (“the husband”) for divorce following a 32-year marriage. Three children were born of the marriage; none of the children were minors at the time of the divorce proceedings.

During most of the marriage the husband had been employed as a controller for International Paper Company (“International”). The husband held a degree in finance; the wife had helped the husband complete the last year and a half of his schooling. During the time the husband worked for International, he was frequently transferred, causing a number of family moves, mostly within the state of Louisiana; consequently, the wife had not worked much outside of the home. The wife has completed two years of college. The last time the wife worked outside of the home was when the family was living in Moorehouse, Louisiana. At that time she worked as an independent contractor for the Parrish Schools, teaching sex education. The wife testified that, because of her limited experience and education, she does not meet the qualifications for that type of job, according to current standards. The husband was ultimately terminated from International, after 26 years of service, for improper activities that, according to him, were indirectly related to his gambling activities.

After the husband was terminated at International, the Wheelers moved to Gulf Shores, where they rented a condominium. The husband became employed as a night auditor in a local hotel. The family subsequently relocated to Mobile, where they rented a house. Sometime thereafter, the owner of the rental house expressed a desire to sell, and with the help of the wife’s father, who gave the couple the down payment of $12,000, the Wheelers were able to buy the house.

When the Wheelers lived in Mobile, the husband worked at McPhillips Manufacturing (“McPhillips”). The husband was employed there for three years in the position of vice-president and controller. The husband was terminated at McPhillips for unauthorized use of company credit cards [632]*632in an amount totaling 138,00o.1 In addition, McPhillips sent demand letters threatening to prosecute the husband for the unauthorized use of the credit cards unless he made restitution of the full amount. The wife took $38,000 out of funds she inherited upon her father’s death to make full restitution for the amount the husband owed to McPhillips so that he would not face criminal charges. When McPhillips terminated his employment, the husband cashed in his 401(k) retirement fund at McPhillips, and the couple used those funds for living expenses.

The husband moved to Orange Beach about a year ago. At the time of the divorce proceedings, the husband was employed at the Sportsman Marina in Orange Beach as dockmaster; he earns approximately $42,000 per year. The husband testified that his monthly gross income was $3,600.

The testimony was disputed regarding the factors that triggered the breakdown of the marriage. The wife testified that the marriage was “wonderful” until the husband’s “secret” gambling problem devastated his career and depleted her inheritance. The husband testified that it was the wife’s drinking problem that caused the marriage to dissolve, and he stated that she had been drinking excessively for 12 to 13 years. The husband further testified that the wife became verbally, and sometimes even physically, abusive when she was intoxicated and that he would lock himself behind a door to escape her wrath. He further testified that on one occasion the wife broke down a locked door in a drunken tirade. The wife testified that, although she was occasionally verbally abusive when she drank, she felt her verbal insults were justified by the husband’s irresponsible conduct. As to the husband’s claims of physical abuse, she pointed out that he was easily able to overpower her. In addition, she testified that he had physically abused her for 30 of the 32 years of their marriage and contended that she was entitled to fight back if she so chose.

The wife submitted evidence of the following marital assets. She presented a copy of her March 7, 2001, investment-account statement, which reflected a value of her Morgan Stanley Dean Witter account at approximately $17,000. This account contained the remainder of the money she had inherited from her father.2 The wife testified that she had used the funds in the account for the benefit of the marriage; that she had expended $38,000 to repay McPhillips for the unauthorized charges the husband had billed to the company credit card; and that she had paid $17,000 as a down payment on the 1999 Ford Explorer sport-utility vehicle the husband drove. Further, she testified that she used the account for living expenses during part of the time she and the husband were separated. In addition, the Wheelers owned the marital home worth approximately $150,000, subject to a $99,000 mortgage. The 1995 Chevrolet Blazer sport-utility vehicle, driven by the wife, was not subject to any liens or encumbrances. The 1999 Ford Explorer driven by the husband was subject to indebtedness in the amount of approximately $5,000. The Wheelers had a number of marital debts in addition to the husband’s automobile loan and the mortgage indebt[633]*633edness on the house. The wife had a Spie-gel credit card with a balance owing of $1,200. The husband had a Sears credit card which carried a balance of $1,500. The husband owed HRS, the company that financed the big-screen television he purchased, a balance of $1,200. The Discover Card, used primarily by the husband, reflected a balance owing of $1,700. The husband’s bimonthly earnings statement reflected a gross earnings of $1,615.39, and net earnings of $1,153.62. There was no evidence in the record to indicate the value of the husband’s retirement benefits from International.

When asked by the trial court what she wanted to be given in the divorce judgment, the wife requested the marital home, subject to the mortgage, her Chevrolet Blazer, and her Morgan Stanley account, the value of which was $17,000. The wife also presented a detailed, itemized list of expenses totaling $2,601.81. She stated that she was willing to be responsible for the Spiegel account, but asked the court to make the husband responsible for the remainder of the marital indebtedness, excluding the mortgage.

Both parties are in good health; the wife is 54 and the husband is 55. The husband has a college degree and extensive work experience as a financial auditor. The wife has limited work experience as a teacher and has only two years of college. When the trial court asked the husband what he requested from the divorce judgment, he asked the court to be fair and reasonable in its property division.

In its judgment, the trial court awarded the marital home to the wife, subject to the mortgage indebtedness on it. In addition, the court awarded the wife her Chevrolet Blazer and her investment account with Morgan Stanley Dean Witter with a balance of approximately $17,000. In addition, the trial court directed the husband to pay to the wife periodic alimony in the amount of $1,000 per month. Each party was directed to pay the debts that had been incurred in his or her own name; therefore, the wife was directed to assume responsibility for the Spiegel account, and the husband was directed to assume responsibility for the Discover Card with a monthly payment of $65, for the Sears card with a monthly payment of $55, for the HRS obligation for the big-screen television with a monthly payment of $40, and monthly payments of $282 on his Ford Explorer.

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Cite This Page — Counsel Stack

Bluebook (online)
831 So. 2d 629, 2002 Ala. Civ. App. LEXIS 262, 2002 WL 511498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-wheeler-alacivapp-2002.