Koontz v. Koontz, 13045
| Decision Date | 25 March 1980 |
| Docket Number | No. 13045,13045 |
| Citation | 101 Idaho 51,607 P.2d 1325 |
| Parties | Neva B. KOONTZ, Plaintiff-Appellant, v. Jesse R. KOONTZ, Defendant-Respondent. |
| Court | Idaho Supreme Court |
Breck H. Barton of Rigby, Thatcher, Andrus, Barton & Walters, Rexburg, for plaintiff-appellant.
Gregory L. Crockett of Hopkins, French & Crockett, Idaho Falls, for defendant-respondent.
The parties in this appeal were divorced on February 1, 1978, with the issue of the division of community assets taken under advisement. Testimony from the parties and one other witness revealed that the community consisted chiefly of two major assets: the equity in the parties' residence, about $28,000, and the interest in the husband's retirement benefits from the United States Navy. In 1976 the husband completed 20 years' service in the Navy, during 19 of which the parties had been married. At that point the husband became entitled to a monthly retirement benefit equal to one-half of the monthly pay for the grade in which he retired. The husband decided to transfer to the Fleet Reserve, which obligated him to remain available for active duty in time of national emergency, and entitled him to "retainer pay" of approximately $500 per month. Each additional year of service would add 21/2% to the percentage of the retirement benefit to which he would be entitled.
The parties argued the question of whether or not the husband's interest in his retirement pay was a vested pension right, but did not offer evidence on the present value of the pension. The trial court in its memorandum opinion found that the pension was vested and was community property, and noted that the computation of the value of such pensions is extremely complex, requiring both accounting and actuarial expertise. The trial court also made reference during the trial to Ramsey v. Ramsey, 96 Idaho 672, 535 P.2d 53 (1975), and the suggestion contained therein that the non-employee spouse should be awarded his share in the pension at the time of the divorce. Based on the evidence submitted at trial, which was meager, the trial court calculated the value of the pension and concluded that the pension was worth less than the value of the house, and awarded the equity in the house to the wife, and the pension interest to the husband. The wife moved to amend the decree, claiming that the division of community assets made by the court was inequitable. The motion was denied; 1 the wife has appealed.
The disposition of community...
To continue reading
Request your trial
-
Eliasen's Estate, Matter of
...and unless the record demonstrates an abuse of that discretion, the award of the trial court will not be disturbed. Koontz v. Koontz, 101 Idaho 51, 607 P.2d 1325 (1980); Wyatt v. Wyatt, 95 Idaho 391, 509 P.2d 1312 (1973); Cargill v. Hancock, 92 Idaho 460, 444 P.2d 421 Here the trial court f......
-
Chandler v. Chandler
...award of the trial court will not be disturbed." Maslen v. Maslen, 121 Idaho 85, 88, 822 P.2d 982, 985, citing Koontz v. Koontz, 101 Idaho 51, 52, 607 P.2d 1325, 1326 (1980). In reviewing an exercise of discretion, this Court conducts a multi-tiered inquiry: "(1) whether the lower court rig......
-
Stewart v. Stewart
...of the trial court will not be disturbed." Maslen v. Maslen, 121 Idaho 85, 88, 822 P.2d 982, 985 (1991) (citing Koontz v. Koontz, 101 Idaho 51, 52, 607 P.2d 1325, 1326 (1980)). In "divorce proceedings the determination of the value of community property is within the discretion of the trial......
-
Robirds v. Robirds
...evidence in the record to show an abuse of that discretion, the award of the trial court will not be disturbed." Koontz v. Koontz , 101 Idaho 51, 52, 607 P.2d 1325, 1326 (1980).III. ANALYSISA. The district court did not err in affirming the magistrate court's decision to set aside the judgm......