Eames v. Eames, 860019-CA

• Decision Date: 09 April 1987
• Docket Number: No. 860019-CA,860019-CA
• Parties: Joan EAMES, Plaintiff and Respondent, v. Emerson EAMES, Defendant and Appellant.
• Court: Utah Court of Appeals

Page 395

735 P.2d 395

Joan EAMES, Plaintiff and Respondent, v. Emerson EAMES, Defendant and Appellant.

No. 860019-CA.

Court of Appeals of Utah.

April 9, 1987.

George W. Preston, Harris, Preston, Gutke & Chambers, Logan, for defendant and appellant.

Gordon J. Low, Hillyard, Low & Anderson, Logan, for plaintiff and respondent.

Before DAVIDSON, ORME and GARFF, JJ.

OPINION

DAVIDSON, Judge:

The trial court granted a divorce to plaintiff Joan Eames from defendant Emerson Eames. The Judgment and Decree provided for a distribution of property and an award of alimony to plaintiff. On appeal, defendant seeks a reversal of the trial court's judgment as it relates to alimony and distribution of property. We affirm.

The parties were married for thirty years with three children born to the union. At the time of trial in January, 1984, the youngest child was 18 years old and resided with plaintiff in the family home while she attended college. Defendant had moved to a different residence. Plaintiff was employed as a department manager and clerk for a large store and her gross income was approximately $10,000 per year. She had been employed during most of the marriage in unskilled or untrained type positions. Mr. Eames was a manufacturing engineer with Morton-Thiokol and had worked with that corporation since 1962. His gross income was approximately $34,000 per year. Because the parties placed widely varying valuations on their items of personal property, the trial judge made the division without finding specific values for each item. In addition to her share of the personal property, the plaintiff received her equity in a partnership consisting of members of her paternal family (Five Way Partnership), previous distributions from this partnership, her inherited property, gifts from her father, and a one-half interest in the family home. Plaintiff was given the right to live in the home until February 1, 1989, or until it was sold by agreement of the parties, whichever came first. While in the home, Mrs. Eames was responsible for payment of taxes, insurance, and mortgage installments. Defendant received his share of the personal property, his separate bank account, the inheritance from his parents, and an undivided one-half interest in the family home less the mortgage indebtedness at the time of trial. Each party received one-half of the other's retirement benefit, to be paid when it was received. This provision was subject to the approved formula which considers the number of years worked during the marriage. Defendant's retirement was vested while the plaintiff's was not, his being much more valuable than hers.

Plaintiff was awarded alimony in the amount of $450.00 per month so long as the youngest child successfully pursued a full time college education, lived in the family home, remained single, or reached the age of 21 years. Then alimony was reduced to $300.00 per month and would remain so until plaintiff reached the age of 65 years. At that time alimony would terminate.

Defendant claims error in the distribution of the real and personal property of the parties and in the award of alimony. The trial court has statutory authority to decree an equitable distribution of property in a divorce action under Utah Code Ann. § 30-3-5 (1986). In the case of King v. King, 717 P.2d 715 (Utah 1986), the Utah Supreme Court emphasized that it would accord considerable deference to the trial court's judgment and treat its findings with a presumption of validity. An appellant has the burden of showing that the trial court's award "works such a manifest injustice or inequity as to clearly be an abuse of that broad discretion [in adjusting the financial needs and property interests of the parties]."

The trial record exposes the disparities in education, income, and earning potential between the parties. The record also reveals that any future income from the Five Way Partnership will be considerably less than defendant asserts. Defendant's claimed right to receive interest on his one-half interest in the home's equity for the period until February 1, 1989, is offset by the plaintiff's need to provide shelter and support for the parties' youngest child while she attends college. It is presumed the trial judge took these economic realities into consideration and, on balance, it can be said that he strove for an equitable distribution of the property.

A recent Utah Supreme Court opinion concerning alimony, Paffel v. Paffel, 732 P.2d 96, 100 (Utah 1986), states that the purpose of spousal support is to "enable the receiving spouse to maintain as nearly as possible the standard of living enjoyed during the marriage and to prevent the spouse from becoming a public charge." The appellate courts should not interfere with such an award without a showing of a "clear and prejudicial abuse of discretion". The Court in Paffel further set forth what must be considered by the trial court to avoid a challenge to the award as being an abuse of discretion. These factors are, (1) the financial condition and needs of the spouse claiming support, (2) the ability of that spouse to provide sufficient income for him or herself, and (3) the ability of the responding spouse [Mr. Eames] to provide the support. The trial record here shows that the court below carefully and properly considered the above factors. There was no abuse of discretion. Therefore, the award of alimony will not be disturbed.

Plaintiff requests attorney's fees on appeal. This issue is governed by R.Utah Ct.App. 33(a) in that this Court may award costs and attorney's fees to the prevailing party if we determine the appeal to be either frivolous or brought for delay. The instant appeal is without merit but the record must be examined to determine whether or not it is frivolous or brought for delay. In Cady v. Johnson, 671 P.2d 149, 151 (Utah 1983), the Court implied the awarding of attorney's fees required a finding that the suit was lacking in good faith and then defined "good faith" as:

(1) An honest belief in the propriety of the activities in question;

(2) no intent to take unconscionable advantage of others; and

(3) no intent to, or knowledge of the fact that the activities in question will, [sic] hinder, delay or defraud others.

The Court recognizes the right of a party to argue in an attempt to correct what that party deems to be error in the court below. However, when there is no basis for the argument presented and when the evidence or law is mischaracterized and misstated, the Court must question the party's motives. The record shows the trial judge making Findings of Fact, dividing...