Jorgensen v. Jorgensen, 18724
| Citation | 667 P.2d 22 |
| Decision Date | 27 June 1983 |
| Docket Number | No. 18724,18724 |
| Parties | Vickie Lee JORGENSEN, Plaintiff and Appellant, v. Randy W. JORGENSEN, Defendant and Respondent. |
| Court | Utah Supreme Court |
Pete N. Vlahos, Ogden, for plaintiff and appellant.
James D. Vilos, Ogden, for defendant and respondent.
This is an appeal from those portions of a divorce decree which awarded support for a minor child and refused to distribute certain property. Both contentions were said to be the result of the trial judge's abuse of discretion.
In 1976, respondent was separated from his first wife from whom he had four children. In about May of that year, he started a business known as R.J. Camper Sales. The business was basically a one-man operation, whereby respondent would construct and sell camper shells for pickup trucks.
In August, 1976, appellant moved into respondent's trailer and cohabited with him. She worked as his bookkeeper and secretary, for which she was paid a nominal wage. After respondent was divorced from his first wife, respondent married appellant in July, 1978. Appellant had a child in August, 1979, and the parties were separated in July, 1980.
The divorce complaint was filed in September, 1980, and appellant was awarded temporary support and alimony totaling $350. Because of numerous delays, trial was not had until March, 1982.
At trial, it became evident that the only major asset was the business, which the court awarded to the respondent. Appellant says that she should have been awarded half. There was evidence that the business assets were worth something in the range of $30,000, but that respondent could expect to get no more than about $6,000 in the case of an outright sale. Apparently the basis of the court's award was that the business was principally the result of respondent's own efforts and that the business was started before even the common law relationship respondent had with appellant.
For tax purposes, respondent reported annual income in the range of about $2,000 to $6,000. He owed temporary support of about $1,800 and also owed the State Recovery Services something in excess of $3,500 for welfare assistance. (His support obligation for children by his former wife was $240 per month.) In view of his income and expenses, the court awarded appellant child support in the amount of $65 per month.
Appellant contends that the court abused its discretion in not awarding more for child support. She quotes Peterson v. Peterson, 112 Utah 542, 189 P.2d...
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Proctor v. Proctor
...orders, we will not disturb its actions unless there has been an abuse of discretion. Woodward, 709 P.2d at 394; see Jorgensen v. Jorgensen, 667 P.2d 22 (Utah 1983). Appellant does not contest his children's need for support or the respondent's inability to meet those needs with her present......
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Canning v. Canning, 860016-CA
...and what she received can hardly be characterized as an abuse of discretion. We will not second-guess the award. See Jorgensen v. Jorgensen, 667 P.2d 22, 23 (Utah 1983). The judgment of the court below is affirmed as to property distribution and child support. That portion of the judgment a......