In re Marriage of Skidmore
| Decision Date | 04 April 2023 |
| Docket Number | 55478-0-II |
| Parties | In the Matter of the Marriage of: KELLY SKIDMORE, Appellant, And IAN SKIDMORE, Respondent. |
| Court | Washington Court of Appeals |
UNPUBLISHED OPINION
This appeal arises from a marriage dissolution action between Kelly J. Skidmore and Ian K. Skidmore.[1] Kelly appeals the trial court's orders addressing the distribution of property, spousal maintenance payments, and attorney fees. Kelly argues that the trial court abused its discretion in limiting spousal maintenance payments to 54 months rather than setting it at 15 years. Kelly also argues that the trial court abused its discretion in distributing property because it failed to enforce the equal division of a certain joint checking account pursuant to a pretrial order. Kelly further argues that the trial court abused its discretion in limiting her attorney fees award to half of her remaining unpaid fees and in declining to account for an attorney fees award pursuant to a pretrial order. Both Kelly and Ian request attorney fees and costs on appeal.
We hold that the trial court did not abuse its discretion in limiting spousal maintenance payments, declining to award Kelly additional funds from the joint checking account at issue in its property distribution award, and limiting Kelly's attorney fees award to half her remaining unpaid fees. We decline to address Kelly's argument pertaining to the trial court's refusal to account for an attorney fees award pursuant to a pretrial order. We deny Ian's requests for attorney fees on appeal, but grant Kelly's request. Accordingly, we affirm the trial court's orders addressing the distribution of property, spousal maintenance payments, and attorney fees.
Kelly and Ian were married on October 22, 1994 in Las Vegas Nevada. Both are college educated individuals having earned their respective degrees in 1992. Kelly has Bachelor's degree in kinesiology[2] and adaptive physical education. Ian has a Bachelor's degree in business administration.
Shortly after college, Kelly moved to Kentucky where Ian worked as a tennis instructor at a country club. At the time, Kelly taught a few yoga classes, but Ian financially supported both of them. Not long thereafter, Kelly became pregnant with their first child. They ended up having two children during their marriage.[3] With children entering the fold, Kelly and Ian agreed that Kelly would stay home to raise their children while Ian worked full time.
In 1994, Kelly and Ian moved to California for Ian's work. In 1995, Ian accepted a position with Dana Corporation as a regional sales manager. Ian currently works for the same company as a national account manager, though the company has changed ownership since he first began.
For the next few years, Kelly raised their children at home and taught several different fitness classes when she could secure childcare. Kelly was either paid the minimum wage at the time or taught the classes on a volunteer basis.
In 2000 or 2001, Kelly and Ian moved to Flagstaff, Arizona for their children's sake. Kelly's health began to deteriorate shortly thereafter, which impacted her ability to work. Kelly was diagnosed with delayed phase sleep disorder, fibromyalgia, Raynaud's syndrome, a heart condition, and exhibited some symptoms akin to multiple sclerosis. MRIs also showed that Kelly had two or three lesions on her brain.
In 2006 or 2007, Kelly and Ian moved to Gig Harbor in hopes that it would improve Kelly's health. Eventually, Kelly was able to work again teaching yoga and Pilates about twice a week. Kelly has not gone back to a doctor for any additional diagnoses since moving to Washington.
In 2010, Kelly started a business called Firefly Energy Center, which offered yoga classes and massages. She also sold merchandise through the business. As the business started out, Kelly was able to teach one or two classes a day, six days a week. Kelly also ran the business full-time and often brought work home with her. However, one day at the studio, Kelly suffered from what she believed to be a Transient Ischemic Attack (TIA),[4] though she was never formally diagnosed with it. As a result, Kelly began to cut down on teaching.
In December 2017, Kelly closed Firefly Energy Center due to increasing rent. In the next two years, Kelly was involved in three different car accidents. As a result of these accidents, Kelly began to experience constant pain in her back and right hip, and had increased issues with her balance. She also suffers from pain in her back and shoulders on a daily basis. She was diagnosed with Post Traumatic Stress Disorder (PTSD).
In July 2019, Kelly and Ian sold their Gig Harbor house and equally split the net proceeds. On July 31, after 24 years of marriage, Kelly and Ian separated. Kelly moved to Montana, where she currently resides.
Both Kelly and Ian are 51 years old. Kelly's physical and mental health history increases her monthly health expenses. In fact, Kelly has "some big bills coming up that will wipe out [her and Ian's] Health Savings Account." Report of Proceedings (RP) at 184. On the other hand, Ian is in good health and does not have any major issues.
Kelly has not earned an income since 2017. She reported income for 10 years during the marriage, but has not yet earned the requisite credits to qualify for social security at retirement. On the other hand, Ian has enjoyed a steadily increasing income since he and Kelly married in 1994. In fact, Ian has earned well over $100,000 per year since 2011, has a well-funded 401(k), and qualifies for social security benefits at retirement.
On August 29, 2019, Kelly filed a petition for legal separation in Pierce County superior court. The petition was later amended by agreement to a petition for dissolution. Kelly requested an equitable division of property and debts (60/40 in her favor), long term spousal maintenance (15 years), and attorney fees and costs.
On November 6, Kelly and Ian entered into an agreed temporary family law order. Pursuant to this agreed order, Ian was required to: pay Kelly spousal support in the amount of 50 percent of his net income each month effective November 1; pay for half of the auto loan and insurance on the Chevrolet Colorado, which Kelly possessed and used; and pay for both parties' medical and life insurance. This agreed order further required both Kelly and Ian to be responsible for their own debts moving forward, including debt from credit cards, loans, security interests, and mortgages.
On March 11, 2020, Ian filed a motion requesting to modify the November 6 temporary order. More specifically, Ian requested to reduce spousal maintenance payments to $1,200 per month and require each party to pay for their own car and car insurance because Kelly could return to work and contribute to her own financial support.
On March 16, Kelly filed a motion requesting the trial court to award her $20,000 in attorney fees and costs.
On April 3, the trial court denied Ian's motion to modify. The court also found that Ian had received an annual bonus of $32,707. The court then entered an order requiring Ian's annual bonus be equally split by the parties and permitted Kelly's half to be applied towards her attorney fees.
On September 17, this dissolution action proceeded to a two-day bench trial. The trial court heard testimony from three witnesses: Kelly, Ian, and Debra Kolander, Kelly's counselor.
Kelly testified that she wanted to pursue an education in order to support herself after failing to secure employment in Montana. In fact, Kelly testified that she had already been accepted to two different education programs.
One program is a master of science in clinical mental health counseling at Grand Canyon University, which would supplement her Bachelor's degree. Kelly testified that this is a four-year online program. She believed she could earn $35,000 to $50,000 a year as a clinical counselor.
Kelly also testified that, despite her physical health challenges, she would be able to hold a job as a counselor.
The other program is a certification in biophysics. Kelly testified that this program would be approximately two years with both online and in-person instruction. This program would also require Kelly to fly to four or five different locations for hands on work. Kelly testified that she believed she could earn $20,000 to $30,000 after completing the biophysics program and certification.
Kelly testified that she would find it easier to work as a clinical counselor. However, Kelly stated that her choice between the two programs depended on the amount of maintenance the trial court awarded her.
Kolander has maintained a professional relationship with Kelly since 2009 or 2010 by providing her counseling therapy and quantum biofeedback sessions. Kolander testified that Kelly would excel going back to school on a full-time basis. Kolander also testified that Kelly would be able to work on a full-time basis without interruption after receiving her degree because "[t]here's nothing strenuous involved." RP at 299.
Kelly also provided testimony about certain October expenses that she alleged Ian failed to pay her pursuant to the November 6 order. Ian testified that it was his understanding that "[he] agreed to pay the credit card bills off by October 31[, 2019]." RP at 253. Kelly agreed and testified that it was her understanding that no further expenses would be paid from the Charles Schwab joint checking account after November 1, 2019:
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