Eastman v. Eastman, 14394

• Decision Date: 20 December 1976
• Docket Number: No. 14394,14394
• Citation: 558 P.2d 514
• Parties: Dawna EASTMAN, Plaintiff, Respondent and Cross-Appellant, v. Glenn W. EASTMAN, Defendant, Appellant and Cross-Respondent.
• Court: Utah Supreme Court

Page 514

558 P.2d 514

Dawna EASTMAN, Plaintiff, Respondent and Cross-Appellant, v. Glenn W. EASTMAN, Defendant, Appellant and Cross-Respondent.

No. 14394.

Supreme Court of Utah.

Dec. 20, 1976.

Mark S. Miner, Salt Lake City, for appellant.

Thomas P. Vuyk, Salt Lake City, for respondent.

CROCKETT, Justice.

Defendant, Glenn W. Eastman, appeals attacking portions of an amended divorce decree which awarded plaintiff: (1) the parties' residence at 3294 Breeze Drive, Magna, Utah; (2) one half of the amount then on deposit in two savings accounts (the two accounts totaling approximately $3,033) owned jointly by the parties; (3) gave each of them a bank account in their own name; (4) awarded to plaintiff $25 per month alimony; (5) $100 per month support money for Gary, age 16, $75 per month for Jerry, age 18; and (6) $350 attorney's fee.

Plaintiff cross-appeals, contending she is entitled to (1) alimony of $150 per month; (2) the amount necessary to pay three years property taxes on the Magna home and (3) an increase of attorney's fees.

Plaintiff and defendant were married in 1950 in Wyoming. Of this marriage four children were born: Roger, Diane, Jerry and Gary, but only the latter two still live at home. In March, 1972, plaintiff sued for divorce, which was granted in July, 1972. The trial court awarded her the custody of the children, $200 per month support money, $50 per month alimony, the family home in Magna valued at about $27,000, a 1962 automobile, a one-half share of the two bank accounts jointly held by plaintiff and defendant, and $350 in attorney's fees. Defendant was awarded a duplex (worth approximately $7,700) on Paxton Avenue, Salt Lake City, Utah, a 1969 truck, four burial lots, half of the joint bank accounts and his own savings account. However, due to disputations about these matters, the parties stipulated in August 1972 that the matters of alimony, support money, division of the property and attorney's fees should be further heard and considered by the court.

After a series of delays, the hearing was held on November 12, 1975, after which the original divorce decree was amended. It then provided that plaintiff was to pay the property taxes on the Magna home out of her share of the bank accounts, that the child support money be set at $100 per month for Gary and $75 per month for Jerry, who had injured his hand in a school accident and is unable to work; that plaintiff's alimony be reduced to $25 per month; that certain United States savings bonds be divided equally with the names of one or the other of the four children named as co-owners thereon, the bonds to be retained by defendant for the children's benefit, that defendant be ordered to maintain his health and accident insurance policy for the benefit of the two minor children. As to any other property, bank accounts or bonds, the party having possession should keep them. Except for those changes, the original divorce decree remained.

We have many times stated that even though proceedings in divorce cases are equitable, in which this Court may review the evidence, ¹ due to the prerogatives and advantaged position of the trial court, we give considerable deference to his findings and judgment; and we do not disturb them unless the evidence clearly preponderates to the contrary, or he has abused his discretion, or misapplied principles of law. ² In applying the rules just stated to the arrangements in the divorce decree as hereinabove recited, we have perceived nothing therein to...