Jensen v. Jensen
| Decision Date | 29 May 1996 |
| Docket Number | No. 22004,22004 |
| Citation | 128 Idaho 600,917 P.2d 757 |
| Parties | Carla C. JENSEN, Plaintiff-Appellant, v. Stephen R. JENSEN, Defendant-Respondent. Boise, December 1995 Term |
| Court | Idaho Supreme Court |
Hyde, Wetherell, Bray, Haff & French, Chtd., Boise, for appellant. Christopher D. Bray argued.
Cosho, Humphrey, Greener & Welsh, Boise, for respondent. Stanley W. Welsh argued.
This is a child support modification case. The appellant, Carla Jensen (Carla), appeals the decision of the magistrate division that denied, in part, her request to award child support above the Idaho Rules of Civil Procedure, Rule 6(c)(6), Idaho Child Support Guidelines (I.C.S.G.) $70,000 figure. The respondent, Stephen Jensen (Stephen), does not challenge the magistrate's finding of a substantial change in circumstances since the last order modifying the divorce decree. We vacate in part and remand the magistrate's ruling.
Stephen and Carla were married on July 27, 1974, and divorced on September 22, 1983. Carla and Stephen had two children as issue of their marriage, Travis Jensen and Jordan Jensen (collectively referred to as the children). Travis was born on February 6 The original divorce decree awarded physical and legal custody of Travis and Jordan to both Carla and Stephen. Carla was awarded primary physical custody of both of the children, with Stephen having visitation rights. Stephen was ordered to pay $500 per month in child support. Stephen's support obligation during the summer months was reduced to account for the time the children would be in Stephen's custody.
[128 Idaho 602] 1979, and Jordan was born on February 26, 1981. At the time of their divorce the parties' standard of living was upper middle class.
On May 4, 1987, Carla filed a motion to modify the 1983 divorce decree. On June 8, 1987, Stephen's support payments were increased to $750 per month, providing a payment reduction for the summer months when Stephen had custody of the children. In addition, Stephen was ordered to pay any medical expenses of the children.
In 1987, Carla and the children left Idaho so that Carla could attend graduate school in Colorado. Carla borrowed $50,000 in student loans in order to provide for the needs of herself, the children, and the children's psychotherapy needs. These loans have not been paid off.
In 1990, Carla finished graduate school and started employment in Fox Point, Wisconsin. Carla's gross income in 1993 was $103,000. About $48,000 of her income was attributable to her work at the University of Wisconsin, and about $55,000 of her income was attributable to her work at the Family Service of Milwaukee. Carla quit her employment with the University of Wisconsin in June 1994, due to a newly enforced rule at the University of Wisconsin which prohibited full-time instructors from working more than eight hours per week of outside employment. The enforcement of this rule was the subject of a pending lawsuit. In 1994, Carla was paid $24,000 by the University of Wisconsin for working one half of the school year. Carla predicted her income from Family Service would remain the same, subsequent to leaving her employment with the University of Wisconsin.
Stephen was a part owner of Jensen Real Estate and had an annual income of $191,027.
On February 22, 1994, Carla filed a motion to modify the last order that modified the divorce decree. Carla and Stephen did not dispute the fact that their combined incomes were over $70,000, the top figure provided for in Section 10(a) of the I.C.S.G. Carla requested the magistrate adopt a formula that would compute additional support, above the I.C.S.G. $70,000 figure, by using a flat percentage of 15% of the remainder of income available to the parties. In the alternative, Carla requested that the magistrate determine whether the amount of support, at the I.C.S.G. $70,000 figure, was sufficient to meet the needs of the children, and if not, requested the magistrate to award support above the I.C.S.G. $70,000 figure.
The magistrate issued a memorandum decision on September 8, 1994. Based upon the I.C.S.G. Sections 10(a) and 10(c), the magistrate ordered Stephen's support payments to be increased to $834.25 and, in addition, that Stephen pay for Jordan's violin lessons, pay for the children's travel expenses to and from Idaho, and that Stephen pay 71% of the children's orthodontic expenses. The magistrate based its decision upon all relevant factors, including the factors set forth in Section 10(c) of the I.C.S.G:
(1) The financial resources of the child.
(2) The financial resources, needs and obligations of both parents, consistent with Section 6(a)(3).
(3) The standard of living the child enjoyed during the marriage.
(4) The physical and emotional condition and needs of the child, including educational needs.
(5) Any special impairment, limitation or disability of the child and any need for special education.
(6) Any special ability or talent of the child and the cost of educating or training that ability or talent.
(7) Any special living conditions that create additional costs for the child.
The magistrate found that subsections (1), (3), (5), and (7) of Section 10(c), were inapplicable The magistrate first considered the financial resources of the children and found that the children had no independent financial resources. The magistrate rejected Section 10(c)(3) as inapplicable in this case, based upon its finding that the children's standard of living during the marriage was about the same as the children's current standard of living. The magistrate concluded that neither of the children had any special impairments, limitations, or disabilities and that there were no special educational needs. Finally, the magistrate found no special living conditions that would require additional support for the children.
[128 Idaho 603] based upon the evidence presented in the case. The magistrate applied the three remaining factors to the exhibits and testimony presented at trial. The magistrate rejected Carla's flat percentage theory.
In considering the remaining three factors, the magistrate first considered the financial resources of Carla and Stephen, pursuant to I.C.S.G. Section 10(c)(2). The magistrate found that Carla's Guidelines Income was $79,000. 1 The magistrate found that Stephen had a sufficient disposable income to provide the needs of the children.
The magistrate next considered whether the children had any physical and emotional conditions and needs that would warrant an award of additional support, pursuant to I.C.S.G. 10(c)(4). Carla proffered exhibit 10 to illustrate the children's monthly expenses and needs. The magistrate considered the expenses listed in exhibit 10 and concluded that some of the figures Carla represented as the children's monthly expenses and needs were exaggerated, and that, even if such amounts were accurate, they were so unreasonable that the magistrate would not accept them. The magistrate specifically noted that, based upon the testimony, the cost of each lunch meal, per child, was $2.00, indicating that Carla's exhibit 10 estimate of $1,170 per year for the children's lunch meals was overestimated by at least $450 per year. Carla's exhibit 10 budgeted $433 per month for clothing for the children. The magistrate found that while "the raising of two teenage children is expensive, ... there has to be some amount of reasonableness injected into the child raising process." The magistrate found that the amount budgeted for child care expenses in Carla's exhibit 10, $3,667, was incorrect, and that Carla had indicated that it would "not be necessary to have child care which would reduce that figure from $3,667 to $1,200, a reduction of $2,467." 2 In addition, the magistrate found that Stephen had agreed to pay all travel expenses for the children, to and from Idaho, eliminating $1,020 annually from Carla's budget in exhibit 10.
The magistrate did not totally disregard the evidence contained in exhibit 10; the magistrate found that Jordan's violin lessons would be properly awarded as additional support, above the I.C.S.G. $70,000 figure. The magistrate denied any other additional support, based upon Carla's failure to provide the magistrate with evidence indicating the children had needs that required additional support above the I.C.S.G. $70,000 figure.
The magistrate ordered Stephen to pay, in addition to his monthly child support obligation, for the children's travel expenses to and from Idaho, costs for Jordan's violin lessons, and for prescription costs not reimbursed by Carla's insurance company. The magistrate also ordered Carla to pay 29% and Stephen to pay 71% of the children's orthodontic expenses.
Carla appealed the magistrate's memorandum decision and order to the district court. The district court affirmed the magistrate's decision. Carla appealed the magistrate's decision to this Court.
The following issues were raised on appeal:
(1) Whether the magistrate erred in determining the amount of child support.
(2) Whether the magistrate erred in refusing to apportion basic household expenses between Carla and the children for purposes of determining child support.
(3) Whether the magistrate abused its discretion in finding that certain items listed in Carla's exhibit 10 were unreasonable.
(4) Whether the magistrate abused its discretion in denying Carla attorney fees below.
(5) Whether either party is entitled to attorney fees on appeal.
When reviewing decisions of a magistrate, the Court will uphold the magistrate's findings of fact if they are supported by substantial and competent evidence. Ireland v. Ireland, 123 Idaho 955, 958, 855 P.2d 40, 43 (1993). The Court exercises free review over questions of law. Downey Chiropractic Clinic v. Nampa Restaurant Corp., 127 Idaho 283, 285, 900 P.2d 191, 193 (...
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