Marriage of Hoffman, In re
| Decision Date | 12 August 1982 |
| Docket Number | No. 81CA0547,81CA0547 |
| Citation | 650 P.2d 1344 |
| Parties | In re the MARRIAGE OF Lonie Jean HOFFMAN, Appellant-Cross-Appellee, and Harold Lee Hoffman, Appellee-Cross-Appellant. . I |
| Court | Colorado Court of Appeals |
Brenman, Epstein, Zerobnick, Raskin & Friedlob, P.C., Martin Zerobnick, Sheldon
Emerson, Denver, for appellant-cross-appellee.
Andersen & Gehlhausen, P.C., John Gehlhausen, Lamar, for appellee-cross-appellant.
In this dissolution of marriage proceeding, Lonie Hoffman (wife) appeals from the trial court's division of property, and refusal to award attorney's fees, and Harold Hoffman (husband) appeals from the portion of the trial court's order concerning a $19,000 check received by him from his mother. We affirm in part and reverse in part.
The parties were married in 1963 and one child was born to the marriage. A decree of dissolution was granted in October 1980, and matters of child custody and support, property division, maintenance, and attorneys' fees were tried to the court in January and March 1981.
In its final orders entered March 12, 1981, the trial court granted custody of the parties' minor child to wife, with reasonable rights of visitation in husband. Husband was ordered to pay child support in the sum of $250 per month. No maintenance was awarded and the parties were required to pay their respective attorneys' fees. Wife was awarded the family home, and husband was awarded most of the remaining assets, which, basically, consisted of the family farm and its equipment. To equalize the award, the husband was ordered to pay wife the difference between the awards, or approximately $100,000. He was given the option to do so in cash or by a note bearing interest at the rate of 10 per cent per annum. The note was to be secured by a deed of trust on certain real property and payable in either monthly or annual installments over a 20-year period.
Wife argues that the trial court's division of property was inequitable and an abuse of discretion because of a 15 month delay in receiving the first payment from husband, and the 20-year period over which the note was to be paid. She also contends that the court erred in denying her attorney's fees. We disagree.
It has been repeatedly held that in matters of division of property the trial court is imbued with broad discretion. In re Marriage of Lodholm, 35 Colo.App. 411, 536 P.2d 842 (1975). This discretion extends to the determination of whether interest should be allowed on a promissory note, In re Marriage of Lucas, 631 P.2d 1175 (Colo. App. 1981), and whether attorneys' fees should be awarded. In re Marriage of Newman, 44 Colo.App. 307, 616 P.2d 982 (1980).
Here, the trial court considered the factors enumerated in § 14-10-113(1), C.R.S. 1973, and equally divided the parties' property. We find no abuse of discretion in giving husband the option to pay in cash or by a 20-year note bearing 10 per cent interest. The trial court's order was intended to allow husband to continue operation of the farm as a viable business enterprise, while wife received "interest on her money as a substitute for the investment...
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... ... An appellate court may not disturb the factual findings of the district court sitting without a jury unless the findings are clearly erroneous and not supported by the record. Gebhardt v. Gebhardt, 198 Colo. 28, 30, 595 P.2d 1048, 1050 (1979); In re Marriage of Hoffman, 650 P.2d 1344, 1345 (Colo.App.1982); see also In re Marriage of Bayer, 687 P.2d 537, 539 (Colo.App.1984) (where value of wife's interest in business was subject to conflicting expert testimony and trial court chose to believe wife's expert, appellate court would not disturb this finding of fact) ... ...
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...amount of $153,012. These findings are supported by evidence in the record, and we will not disturb them on review. In re Marriage of Hoffman, 650 P.2d 1344 (Colo.App.1982). Husband next contends that the trial court erred because it failed to reduce the value of his retirement funds to acc......
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ARTICLE 10
...L. Ed. 2d 170 (1978); In re Howard, 42 Colo. App. 457, 600 P.2d 93 (1979); In re Garcia, 638 P.2d 848 (Colo. App. 1981); In re Hoffman, 650 P.2d 1344 (Colo. App. 1982); In re Faulkner, 652 P.2d 572 (Colo. 1982); In re Mann, 655 P.2d 814 (Colo. 1982); In re Lester, 647 P.2d 668 (Colo. App. 1......
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ARTICLE 10 UNIFORM DISSOLUTION OF MARRIAGE ACT
...L. Ed. 2d 170 (1978); In re Howard, 42 Colo. App. 457, 600 P.2d 93 (1979); In re Garcia, 638 P.2d 848 (Colo. App. 1981); In re Hoffman, 650 P.2d 1344 (Colo. App. 1982); In re Faulkner, 652 P.2d 572 (Colo. 1982); In re Mann, 655 P.2d 814 (Colo. 1982); In re Lester, 647 P.2d 668 (Colo. App. 1......