Goodman v. Goodman

• Decision Date: 10 January 1979
• Citation: 366 So.2d 281
• Parties: Jack D. GOODMAN v. Virginia James GOODMAN. Civ. 1442, Civ. 1442-B.
• Court: Alabama Court of Civil Appeals

Page 281

366 So.2d 281

Jack D. GOODMAN v. Virginia James GOODMAN.

Civ. 1442, Civ. 1442-B.

Court of Civil Appeals of Alabama.

Jan. 10, 1979.

Michael C. Moore, of Watson, Moore & Chesnut, Huntsville, for appellant.

James W. Woodroof, Athens, for appellee.

BRADLEY, Judge.

Former husband appeals from decrees rendered by the Circuit Court of Limestone County in a domestic relations case. The appeal in Case No. Civ. 1442 is from the final decree of divorce dated September 14, 1977 and from the decree on rehearing dated December 20, 1977. The appeal in Case No. Civ. 1442-B is from that portion of the decree dated March 8, 1978 which denied the husband's petition to modify the divorce decree. We affirm in each case.

The husband's primary contention on appeal is that the trial court abused its discretion in granting to the wife excessive awards of child support and alimony and in ordering an inequitable division of property and allocation of debts. He contends that the trial court further abused its discretion by refusing to modify these awards of child support and alimony because his net income is simply insufficient to pay these obligations.

The amount of child support is a matter for the discretion of the trial court. Phillips v. Phillips, 277 Ala. 2, 166 So.2d 726 (1964). Likewise, the award of alimony and the division of property on divorce are matters within the discretion of the trial court, and each case must be decided on the basis of its own facts and circumstances. Stewart v. Stewart, Ala.Civ.App., 341 So.2d 490 (1977); Elsevier v. Elsevier, Ala.Civ.App., 355 So.2d 382 (1978).

Thus, the issues raised by the husband necessitate a review of the facts out of which these appeals arose in order to determine whether or not the trial court has abused its discretion. The relevant facts, as revealed by the rather lengthy records in these cases, are as follows.

The parties herein involved were married in 1957. The husband shortly thereafter entered veterinary school at Auburn. His education there was funded by the GI Bill, his wife's working full-time and his working part-time. The parties moved to Athens, Alabama in 1961, where the husband set up his veterinary practice and where the parties have since resided.

Four children were born of their marriage. The elder son has reached the age of majority. The younger son and the two daughters are minors.

When the parties were married they had little or no property. Over the years they have accumulated considerable property, to wit: (1) a home on 5.5 acres of land in Limestone County, valued at $65,000 and subject to a mortgage with an outstanding balance of $9,733; (2) a 19.4 acre parcel of land adjoining the home, valued at approximately $10,000 and apparently unencumbered; (3) a 289 acre farm with a house purchased in 1972, valued at $100,000 and subject to a mortgage with an outstanding balance of $44,400; (4) land upon which the husband's office and animal clinic is located, purchased in 1966 and subject to a mortgage with an outstanding balance of $17,107 (the record indicates that various estimates of the value of this property range from $67,800 to $100,000); (5) at least one cemetery lot; (6) household furniture and fixtures, apparently unencumbered and valued at $7,675; and (7) the wife's 1975 Pontiac automobile, upon which is owed a debt of $3,100, and several other motor vehicles. In addition to the debts listed above, the husband also owes to the bank open notes in the amount of $26,800. Consequently, his total fixed debt, secured and unsecured, is $101,140.

The record reveals that the net worth of the husband is subject to some dispute. Plaintiff's exhibit nine, submitted to the trial court by the husband, shows his net worth to be $171,700. However, in a financial statement submitted by the husband to Central Bank (defendant's exhibit eleven), his net worth as of June 1, 1977 is listed as $272,673.

The record indicates that during the course of their marriage the parties began to have disagreements concerning various matters, primarily involving expenditures and discipline of the children. Dr. Goodman moved out of the marital abode and into the house on the 289 acre farm in November 1975. He has resided there since that date. He filed a complaint with the trial court in May 1977 seeking Inter alia a divorce on the grounds of incompatibility and irretrievable breakdown of the marriage and an equitable division of the marital property. The wife's answer to this complaint contained a counterclaim asking for a divorce on the ground of adultery, as well as custody of the children, child support, division of property, alimony and attorney's fees.

The trial court heard evidence Ore tenus in this cause. Dr. Goodman testified that in his opinion the three minor children could be properly raised with monthly child support payments of $165 per child. He indicated that he could pay this amount "without any problem at all." He further stated that he was presently paying the mortgage payments, taxes, and fire insurance for the marital home. He admitted having an adulterous relationship with Dr. Sue Kirkpatrick, a university professor. Dr. Kirkpatrick, called by the husband as a witness, confirmed this fact in her testimony.

The record reveals that on one occasion in the fall of 1975 while Dr. Kirkpatrick was visiting at the farmhouse with Dr. Goodman, Mrs. Goodman came to the farmhouse with a pistol and a hammer. On another occasion Mrs. Goodman entered the farmhouse while her husband was away and had taken or destroyed items of clothing belonging to Dr. Goodman and to Dr. Kirkpatrick, and had damaged a sofa given to her husband by Dr. Kirkpatrick.

Mrs. Goodman testified that in the two years prior to the separation, her husband had given her $900 a month to run the household. From this amount she paid the mortgage payment on the home, utilities, groceries, clothing, etc. for the six persons in the family. She testified to current needs of approximately $1,500 per month, and quoted her husband as saying during the year prior to the separation that it took $25,000 per year for the family to live on.

After hearing this testimony the trial court issued a decree dated September 14, 1977 dissolving the marital relationship on the ground of incompatibility of temperament. Mrs. Goodman was awarded $300 per month alimony, custody of the three minor children, $200 per child per month child support for the three minor children, and $1,750 in attorney's fees. Dr. Goodman was awarded title to the 289 acre farm property and to the animal clinic property. Mrs. Goodman was to have title to the family house, the 5.5 acres upon which it is located, the adjoining 19.4 acre parcel, and to the cemetery lot. Dr. Goodman was to assume responsibility for all liabilities including mortgages on the real estate existing at the time of trial.

Mrs. Goodman was also to have the 1975 Pontiac automobile and all the household furnishings, appliances and furniture (with certain specified exceptions). Dr. Goodman was to have the farm equipment and vehicles, the animal clinic equipment, the horses and cattle, and his personal belongings.

Dr. Goodman was granted the right of visitation with the children at any and all reasonable times. The decree states that "the oldest child is presently attending Auburn University and Dr. Goodman has expressed a willingness to provide him with a college education." Dr. Goodman was further required to keep in force certain life insurance policies with the children as beneficiaries. He was also required to pay all the reasonable medical and dental bills of the children.

Dr. Goodman applied for a rehearing alleging Inter alia that the awards to the wife for alimony and child support were excessive; and that the division of property and the requirement that he assume responsibility for the real estate mortgage on the property awarded to the wife was inequitable. This application for rehearing was later amended to allege that the wife had become gainfully employed since the date of the divorce decree.

The following testimony was given at the hearing on December 20, 1977. The husband's accountant, Mr. Ralph Dowdy, testified that the husband's financial records reflect that from January 1, 1977 through November 30, 1977 Dr. Goodman had taken the amount of $10,350.60 as net income from the drawing account of his veterinary practice; that Dr. Goodman's projected net income for 1978 is $11,000, with an estimated income tax of $2,428; that his projected total obligations for 1978 would be $62,933, or $36,136 if each of the open notes was renewed; and that even if Dr. Goodman's net income increased by ten percent in 1978, he would still have only about half of the amount required by the obligations to his wife and children.

Dr. Goodman testified that in the four months since the divorce decree he had not paid the full amount of child support and alimony required by that decree ($900 per month) because he "didn't have the money" to do so. He stated that he had been paying approximately $500 per month to the wife and had paid $500 of the required $1,750 for the wife's attorney's fees. He also stated that since 1961 his veterinary practice had changed from work with cattle to the more profitable work with small animals and pleasure horses, and that his 289 acre farm would probably show a profit of about $500 for the year.

The record of the December rehearing reveals that since the original divorce decree had been issued the following events had occurred. Dr. Goodman had sold livestock for $6,928, $550 of which belonged to the children for their cattle and $5,901.50 of which was paid to the Federal Land Bank. He had also earned $400 lecturing for one quarter at the University of Alabama in Huntsville, but had discontinued that job. The elder son, who had dropped out of college, married and begun working, was no longer a dependent. Mrs. Goodman had taken a job...