Andreson v. Andreson, 84-235
| Decision Date | 24 May 1985 |
| Docket Number | No. 84-235,84-235 |
| Citation | 497 A.2d 371,145 Vt. 634 |
| Court | Vermont Supreme Court |
| Parties | Christine E. ANDRESON v. Nicholas G. ANDRESON. |
Mikell & Mikell, Burlington, for plaintiff-appellee.
McKee, Giuliani & Cleveland, Montpelier, for defendant-appellant.
Before ALLEN, C.J., and HILL, PECK, GIBSON and HAYES, JJ.
We must decide in this contested divorce case whether the trial court abused its discretion in its award of child support and distribution of marital property.
The divorce decree left the appellant without any asset of value and with an ordered child support obligation totaling $150 per week.
The uncontroverted evidence shows that between January 1, 1983, and the date of the merits hearing, August 17, 1983, appellant earned a gross income of $9500 and had monthly operating expenses approximating $1400. There was no finding that the stated expenses were unworthy of belief or unreasonable in character or amount. In a word, appellant has been ordered to pay child support totaling $150 per week when his gross income is exceeded by his operating expenses.
Appellee fares better financially. She receives $2730 per month from International Cheese and will receive payments from this company each year for fifteen years. In addition, she has earned income averaging $4500 a year.
The children also have resources of their own. They receive $730 each month from a trust fund. This will continue for a period of fifteen years.
Although the trial court has broad discretion in determining child support in divorce cases, this discretion is not unlimited, and if it is made to appear to the reviewing court that the trial court has exceeded its bounds, corrective action is appropriate. Cleary v. Cleary, 134 Vt. 181, 182, 353 A.2d 334, 335 (1976).
Where, as here, the child support order appears to be inequitable and impossible of compliance, we are compelled to hold that the trial court has passed the bounds of its discretion. Id. at 183, 353 A.2d at 336. We therefore reverse on this issue.
The next question presented for review is whether the lower court abused its discretion in awarding to appellee the Park Avenue real property in Worcester, Massachusetts, which has a net equity of $102,000.
"[B]ecause 'a decree relative to property is final and not subject to modification, ... the wide discretion given to the trial court in this area must be tempered when the distribution reflects inadequate findings.' " Emmons v. Emmons, 141 Vt. 508, 511, 450 A.2d 1113, 1115 (1982) (quoting Field v. Field, 139 Vt. 242, 244, 427 A.2d 350, 352 (1981)).
At the outset we note that not all the parties' assets were evaluated by the trial court in...
To continue reading
Request your trial
-
Reapportionment of Towns of Hartland, Windsor and West Windsor, In re, s. 92-088
...Operations Committee on which he sits, like a trial court which must explain and defend its actions. Compare Andreson v. Andreson, 145 Vt. 634, 636, 497 A.2d 371, 373 (1985) (findings must be adequate to explain court's action and if evidence is inadequate, "the trial court must inquire"). ......
-
Kanaan v. Kanaan
...are dealing with conflicting principles. On the one hand, findings must be adequate to support conclusions. See Andreson v. Andreson, 145 Vt. 634, 636, 497 A.2d 371, 373 (1985). Moreover, we will not speculate as to the basis upon which the court made its findings and reached its conclusion......
-
Osborn v. Osborn, 84-113
...with regard to the value of the defendant's share of the estate, and the prospects for its distribution. Andreson v. Andreson, 145 Vt. 634, 636, 497 A.2d 371, 372-73 (1985). Plaintiff next challenges the sufficiency of the maintenance award. The property distribution must be considered by t......
-
Leonard v. Leonard, 87-174
...786 (1987). Where a property award allows one party no assets, such a decision warrants the strictest scrutiny. Andreson v. Andreson, 145 Vt. 634, 636, 497 A.2d 371, 373 (1985). Despite this rigorous standard and the lack of formal findings of fact, the record herein offers considerable sup......