Earnheart v. Earnheart

Citation979 P.2d 761,1999 OK CIV APP 42
Decision Date12 March 1999
Docket NumberNo. 90,400.,90
PartiesSicley Michaelle EARNHEART, Plaintiff/Appellant, v. James Loren EARNHEART, Defendant/Appellee.
CourtAlabama Court of Civil Appeals

G. Gail Craytor, Craytor & Craytor, Broken Bow, Oklahoma, For Plaintiff/Appellant.

Mitchell K. Leonard, Idabel, Oklahoma, For Defendant/Appellee.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

OPINION

GARRETT, Judge:

¶ 1 Appellant, Sicley Michaelle Earnheart, and Appellee, James Loren Earnheart, were divorced by virtue of a trial court judgment dated February 27, 1997, but not filed until October 14, 1997. They had one child. In the Divorce Decree the court divided property, awarded custody of the minor child to James, and ordered Sicley to pay child support. Sicley appeals.

ONE

¶ 2 Sicley contends the court erred in its child support award because the child support guidelines were not followed. The uncontroverted evidence in the records shows Sicley had monthly income of $1,213.33. However, in calculating the amount of child support, the court used the sum of $1,374.00 as her monthly income. James does not dispute the mistake, but contends the difference in amount is "not a substantive deviation from the Oklahoma Child Support Guidelines." Statutory child support Guidelines were provided by 43 O.S. Supp.1995 § 118 (now 43 O.S. Supp.1997 § 118, with amendments not material here). The guidelines do not permit deviation without "specific findings of fact supporting such action." See § 118(A). Here there were no specific finding of facts in support of the court's deviation from the guidelines. While the amount is small, we decline to hold it to be negligible. This is especially true because this case must be partially reversed and remanded for further proceedings on other grounds. On remand, the court is directed to recalculate child support, and to enter a new child support order using up to date financial data.

TWO

¶ 3 Sicley contends the court erred in finding certain corporate stock in a publishing company belonged to James and his mother. As to this issue, we agree with Sicley. She contends the stock was purchased as joint property and placed in joint tenancy. The stock certificates were not introduced, but the evidence was uncontroverted that the stock certificates were purchased in both Sicley's and James's names. Evidence showed, including testimony from Sicley, the funds used to purchase the stock came from the sale of a video store owned by James' parents. The proceeds were deposited into an account held by his parents. His mother then issued a check to purchase a cashier's check to be used to purchase the stock. The cashier's check was given to Sicley to proceed with the stock purchase and she did as directed. The evidence showed the stock was purchased because Sicley was employed by the company issuing the stock and it was believed her employment position would be secure by doing so. James' mother is not a party to this action.

¶ 4 The court found the stock was not acquired due to the joint industry of the parties, and Sicley contributed nothing in acquiring the stock. As far as it goes, that finding was correct. However, the stock was acquired by Sicley and James as a gift. Ownership was placed in both names. Neither contributed to the acquisition of the stock. Absent fraud, or a contract or agreement that the stock was to be separate property, a presumption exists that it was joint property subject to division. Instead of rebutting the presumption, the evidence below sustained the fact that the gift, when made, was to both James and Sicley, and for the benefit of both of them. Once the gift was made, the donor's intent may not be changed because of the divorce. James and Sicley were each estopped to deny the ownership of the other. C.f. Shackelton v. Sherrard, 1963 OK 193, 385 P.2d 898. We find the court's order as to the stock was contrary to the clear weight of the evidence. On remand, entry of a judgment dividing the shares of stock equally between James and Sicley is directed.

THREE

¶ 5 Sicley contends the court erred in failing to find that a common law marriage existed prior to the ceremonial marriage entered into by James and herself. She contends the existence of the common law marriage effects the equitable distribution of the marital property. A review of the record shows Sicley understood the relationship with James to be an "on again, off again situation" prior to the ceremonial marriage. This is inconsistent with the showing necessary for a common law marriage. "A party asserting a common law marriage must prove the following elements: an actual and mutual agreement between the spouses to be husband and wife; a permanent relationship; an exclusive relationship, proved by cohabitation as man and wife; and the parties to the marriage must hold themselves out publicly as husband and wife ..." Matter of Estate of Stinchcomb, 1983 OK 120, 674 P.2d 26. These elements were not proved. In addition to Sicley's testimony, a written document was introduced as evidence at trial which disclosed that the parties did not intend the relationship to be a marital one. The trial court did not err in failing to find a common law marriage prior to the ceremonial one.

FOUR

¶ 6 Sicley contends the court erred in its property division order because certain property was sold during the term of the common law marriage. Because we uphold the trial court's finding there was no common law marriage, we need not consider this matter further.

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  • Morris v. Comm'r
    • United States
    • U.S. Tax Court
    • February 3, 2016
    ...v. Walling, 836 P.2d 112, 113 (Okla. 1992) (citing Rath v. Maness, 470 P.2d 1011, 1013 (Okla. 1970)); Earnheart v. Earnheart, 979 P.2d 761, 763 (Okla. Civ. App. 1999). The burden of proving each of the elements by clear and convincing evidence falls on the party seeking to establish the fin......

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