McGrew v. McGrew
| Decision Date | 23 December 2003 |
| Docket Number | No. 28578.,28578. |
| Citation | 82 P.3d 833,139 Idaho 551 |
| Parties | Paul J. McGREW, Plaintiff-Respondent, v. Melodee Morgan McGREW, Defendant-Appellant. |
| Court | Idaho Supreme Court |
Cooper, Wetzel, Avery & Lee, Idaho Falls, for appellant. Royce B. Lee argued.
Belnap & Curtis, PLLC, Boise, for respondent. Robert J. Williams argued.
This is an appeal from orders denying motions to set aside the award of retirement benefits by a divorce decree on the ground that the decree is void, to enter a qualified domestic relations order with respect to the retirement benefits, and to correct child support records maintained by the Department of Health and Welfare. The appeal also challenges the award of attorney fees under Idaho Code § 12-121 by the magistrate and district judges. We affirm the orders denying relief from a void judgment and refusing to correct the Department's records, we vacate the order regarding the qualified domestic relations order, and we reverse the orders awarding attorney fees.
On January 23, 1976, the appellant Melodee Morgan McGrew (Melodee) and respondent Paul J. McGrew (Paul) were married. On June 19, 1998, Paul filed this action seeking a divorce on the ground of irreconcilable differences; joint legal custody of the parties' five children, with Melodee being the primary physical custodian and Paul having specified period of physical custody; child support determined in accordance with the Idaho Child Support Guidelines; and division of the parties' property and debts as specified in the complaint. On July 31, 1998, Melodee filed an answer and counterclaim in which she sought a divorce on the grounds of extreme cruelty and irreconcilable differences; sole legal and physical custody of the parties' five children; child support in accordance with the Idaho Child Support Guidelines; spousal support; and the division of the parties' property and debts. Paul filed a reply to the counterclaim, and the case was set for pretrial conference and court trial.
On September 30, 1998, the date set for the pretrial conference, the parties appeared in court with their respective counsel, who stated that the case was resolved. Paul's attorney Alan J. Coffel stated that he had drafted a proposed divorce decree, but needed to make some changes in it. He stated he would prepare the final decree, fax it to the defendant, and "we'll both sign off on it." He then summarized the parties' agreement regarding child custody and visitation, child support, allocation of the dependency exemptions for the children, and provision of medical insurance coverage for the children. Melodee's attorney Joanne M. Buchin added that child support would commence on November 1, 1998, so long as Paul paid certain bills regarding the residence in which Melodee resided and that the parties would share equally the children's uncovered medical expenses. The division of a few items of personal property, including certain paintings, and the awarding of the community residence and a cabin were also discussed. At the conclusion of the hearing, the magistrate judge stated,
Mr. Coffel prepared a proposed decree, which both he and Paul signed as having read and approved. He apparently sent the proposed decree to Ms. Buchin, but she did not respond in any way. At some point in time, Mr. Coffel sent the proposed decree to the court without the signatures of either Melodee or her attorney Ms. Buchin. After waiting some time for Ms. Buchin to indicate that Melodee agreed to the proposed decree, the magistrate judge executed the decree upon the assumption that Melodee's lack of objection constituted agreement to it. The clerk of the court entered the decree on December 23, 1998.
On April 1, 1999, Melodee appeared in court pro se pursuant to an order to show cause seeking to have her held in contempt for her failure to comply with the property division provisions in the divorce decree. Paul had been awarded a cabin in the divorce decree, and she had previously failed to sign a deed conveying her interest in the cabin to him. During the hearing, she agreed to sign a deed conveying her interest in that cabin to Paul. Paul's attorney questioned her about two paintings that had been awarded to Paul in the divorce decree. She responded that Paul had agreed before the decree was entered that she could have one of the paintings. Paul's attorney also asked her about her failure to pay, as ordered in the divorce decree, $215.00 per month as one-half of the payment due under their Chapter 13 bankruptcy plan. She again responded that she did not believe she had to make that payment because of an out-of-court agreement with Paul. When asked whether she had received a copy of the divorce decree, she answered that her attorney did not give her a copy of the decree until the week preceding the contempt hearing. She testified that during the week preceding the contempt hearing, she had gone to Ms. Buchin's office seeking representation in the contempt proceedings, and Ms. Buchin declined to represent her. Ms. Buchin did, for the first time, provide Melodee with a copy of the divorce decree. There is nothing in the record indicating if or when the clerk of the court mailed a copy of the decree to Ms. Buchin.
Mr. Coffel asked Melodee if the terms of the divorce decree were the terms to which she had agreed, and she responded that the terms to which she had agreed included the promises that Paul had made to her. The magistrate judge then noted that the original stipulated decree signed by Paul and Mr. Coffel had been submitted to the court, that the court waited a long time but Ms. Buchin did not sign the stipulation, and that the court then executed the decree.
At the conclusion of the contempt hearing, the magistrate judge stated that he would not find Melodee in contempt because he did not believe she knew about some of the terms and conditions of the divorce decree where her attorney did not serve her with a copy of it until the week preceding the contempt hearing. The magistrate ordered her, however, to comply with the terms and conditions of the decree in the future. The magistrate advised her, "Until the decree is modified—and you're certainly welcome to file a motion to modify the decree—you're bound by the Court's orders."
On May 27, 1999, the parties' respective counsel appeared in court for a hearing on Paul's motion for partial satisfaction of judgment regarding child support payments. At this hearing, Melodee was represented by Dennis C. Weigt. Counsel for the parties stipulated that Paul should be given credit for payment of child support in the total sum of $8,484.00. The magistrate judge signed an order to that effect the same day.
On December 7, 1999, Paul, who was now represented by Robert J. Williams, filed a petition seeking: (1) modification of the divorce decree to transfer physical custody of three children to him and to require Melodee to pay child support; (2) an order holding Melodee in contempt for failing to make bankruptcy payments ordered in the divorce decree, for failing to give Paul possession of a painting he had been awarded in the divorce decree, and for failing to comply with the visitation schedule set forth in the divorce decree; and (3) a judgment against Melodee for the total of the bankruptcy payments that she did not make as ordered in the decree and that Paul ultimately made. In response, on January 5, 2000, Melodee, who was now represented by John O. Avery, filed a petition seeking: (1) modification of the divorce decree to transfer to her physical custody of the child whose physical custody the decree had awarded to Paul, and a corresponding modification of child support; (2) a judgment against Paul for the portion of the children's medical and child care expenses that he has not paid as ordered in the divorce decree; and (3) an order finding Paul in contempt for failing to comply with the visitation schedule ordered in the divorce decree and for failing to give Melodee possession of piano rolls that she was awarded in the decree.
During the marriage of the parties, Paul was employed by a railroad. His railroad retirement, insofar as is relevant here, had two components: Tier I, which is not divisible upon divorce, and Tier II, which is divisible upon divorce. In addition, there is a divorced spouse annuity that a divorced spouse of a railroad employee can receive at age 62 under certain conditions, including that the divorced spouse is not currently married. The divorce decree awarded Paul "Railroad retirement," and it awarded Melodee "Her share of spousal retirement from railroad pursuant to guidelines." On January 14, 2000, Melodee filed a motion seeking entry of a qualified domestic relations order providing that upon Paul's retirement, Melodee is entitled to receive one-half of the Tier II benefits attributable to the parties' marriage.
On July 31, 2000, pursuant to the parties' stipulation, the magistrate judge issued an order awarding Melodee the primary physical custody of the parties' four, unemancipated minor children, setting forth a schedule of visitation, modifying child support and providing for the division of the children's health care and child care expenses, and dismissing the contempt proceedings.
On August 24, 2000, the magistrate judge issued an order denying Melodee's motion seeking entry of a qualified domestic relations order regarding Paul's Tier II benefits under his railroad retirement. The magistrate ruled that under the divorce decree, "Melodee was to receive her share and only her share of spousal retirement from the railroad pursuant to the guidelines," and that her motion was untimely pursuant to either Rule 59(e) or 60(b) of the Idaho Rules of Civil Procedure.
On August 30, 2000, Melodee...
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