LaFarr v. LaFarr, 81-73

Decision Date05 February 1974
Docket NumberNo. 81-73,81-73
Citation315 A.2d 235,132 Vt. 191
PartiesRobert J. LaFARR v. Priscilla M. LaFARR. Priscilla M. LaFARR v. Robert J. LaFARR.
CourtVermont Supreme Court

C. N. Monaghan, St. Albans, for Robert J. LaFarr.

James R. Flett, Vermont Legal Aid, Inc., St. Albans, for Priscilla M. LaFarr.

Before SHANGRAW, C. J., and BARNEY, SMITH, KEYSER and DALEY, JJ.

SMITH, Justice.

Each of the above parties was awarded a divorce from the other by the Franklin County Court on the grounds of living separate and apart for more than six months. The appeal here is taken by Robert J. LaFarr, hereinafter called the appellant, from the order of the lower court which awarded all the jointly owned real property to Priscilla M. LaFarr. Also appealed is the order of the court granting alimony payments of $60 per month to the appellee, as well as support payments of $80 each to the two minor children of the parties residing with the appellee at the time of the divorce hearing.

The parties, who were married in 1941, are the parents of eight children, only two of whom, at the time of the order below, were still minors. The appellee is receiving support for herself and her minor children by a grant from the Department of Social Welfare in the amount of $250 per month. The appellant is retired from the Central Vermont Railroad Corporation and receives a pension of $313 per month for his own support and in addition is receiving $160 per month for the support of his two minor children. The parties jointly own a house and approximately six acres of land in Highgate, Vermont.

The jointly owned property of the parties, awarded to the appellee, consists of a house, barn, furnishings and approximately six acres of land. The lower court found that the value of the premises was between $12,900 and $35,000, the lower figure being that given in evidence by a real estate appraiser and the larger figure being that given by the appellant in his testimony. The original property, bought for $2,200, has been reduced by the sale of three parcels for which $6,400 was received, which sum was retained by the appellant for his own use. The lower court found that both parties had improved the premises. Such findings are supported by the evidence.

What the appellant seems to be saying in his brief and argument to this Court is that the lower court, in awarding both the $60 as well as the property to the appellee, has abused its discretion. It does not appear that he specifically objects to the award of alimony, but seeks to have at least part of the property decreed to the appellee awarded to him.

The disposition of property in divorce proceedings is governed by 15 V.S.A. § 751, and the awarding of alimony by 15 V.S.A. § 754. The division of property is a matter of wide discretion in the trial court and it may decree such property as it deems just, whether held separately, jointly or by entirety. Unless it appears upon review that such discretion has been withheld or abused, the decree, as made, must stand. Segalla v. Segalla,129 Vt. 517, 283 A.2d 237, 527 (1971), and cases cited therein.

The same principles are applied in a decree for alimony, with the court having a wide discretion. Lafko v. Lafko, 127 Vt. 609, 617, 256 A.2d 166 (1969).

The findings below are that the appellant, a retired railroad employee, was receiving a pension in the amount of $313 per month for his support, and in addition, has been receiving from the same pension source $160 per...

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22 cases
  • Hisquierdo v. Hisquierdo
    • United States
    • U.S. Supreme Court
    • 22 Enero 1979
    ...in the 1974 Act, the system's funds would be consumed by 1988. H.R.Doc.No.92-350, pp. 10, 12, 18 (1972). 19 See LaFarr v. LaFarr, 132 Vt. 191, 315 A.2d 235 (1974); Heuchan v. Heuchan, 38 Wash.2d 207, 228 P.2d 470 (1951); Commonwealth v. Berfield, 160 Pa.Super. 438, 51 A.2d 523 (1947). (Befo......
  • Cartledge v. Miller
    • United States
    • U.S. District Court — Southern District of New York
    • 5 Septiembre 1978
    ...523 (1947), and courts have frequently "anticipated" such payments when applicable against support obligations, see LaFarr v. LaFarr, 132 Vt. 191, 315 A.2d 235 (1974); Heuchan v. Heuchan, 38 Wash.2d 207, 228 P.2d 470 48 Act of July 1, 1898, ch. 541, § 17(a), 30 Stat. 550: "A discharge in ba......
  • In re Farrar
    • United States
    • U.S. Bankruptcy Court — District of Vermont
    • 2 Abril 1998
    ...jointly, or as tenants by the entirety; all property owned by either of the spouses is subject to distribution. LaFarr v. LaFarr, 132 Vt. 191, 193, 315 A.2d 235, 236 (1974). The trial court has power to distribute the marital assets in whatever manner it finds just and equitable. Condosta v......
  • Lynch v. Lynch
    • United States
    • Vermont Supreme Court
    • 9 Enero 1987
    ...jointly, or as tenants by the entirety; all property owned by either of the spouses is subject to distribution. LaFarr v. LaFarr, 132 Vt. 191, 193, 315 A.2d 235, 236 (1974). The trial court has power to distribute the marital assets in whatever manner it finds just and equitable. Condosta v......
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