Miller v. Miller, 04-187.

Citation2005 VT 122,892 A.2d 175
Decision Date04 November 2005
Docket NumberNo. 04-402.,No. 04-187.,No. 04-232.,04-187.,04-232.,04-402.
CourtUnited States State Supreme Court of Vermont
PartiesJulie MILLER v. Lee MILLER. Patricia A. Smaller v. Mark S. Smaller. Janet (Weaver) Loubengeiger v. Todd B. Weaver.

Melvin Fink of Melvin Fink, P.C., Ludlow, for Plaintiff-Appellant Julie Miller (04-232) and Plaintiff-Appellant Patricia Smaller (04-187).

Janet Loubengeiger, Pro Se, Essex Junction, Plaintiff-Appellee. (04-402).

Robert I. Morgan, Claremont, New Hampshire, for Defendant-Appellee Lee Miller. (04-232).

Patrick M. Ankuda of Parker & Ankuda, P.C., Springfield, for Defendant-Appellee Mark Smaller. (04-187).

Todd B. Weaver, Pro Se, Hinesburg, Defendant-Appellant. (04-402).

Present: REIBER, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

DOOLEY, J.

¶ 1. Patricia Smaller, Julie Miller, and Todd Weaver filed separate appeals of family court decisions regarding modification of spousal maintenance. Patricia Smaller and Julie Miller appeal orders reducing their spousal maintenance awards based on findings that their financial circumstances had experienced real, substantial, and unanticipated changes. Todd Weaver appeals a decision denying his motion to modify spousal maintenance because the family court found no changed circumstances. We consolidated the appeals for decision because they involve a similar question of law—when does cohabitation or remarriage constitute a real, substantial, and unanticipated change of circumstances under 15 V.S.A. § 758. In Miller v. Miller, we conclude that the family court was within its discretion in deciding that recipient spouse's new husband's contributions to the household expenses constituted a change in circumstances, and thus affirm the court's decision to eliminate husband's spousal maintenance obligation. In Smaller v. Smaller, we reverse the family court's decision to eliminate husband's spousal maintenance obligation because the court's findings show that the recipient spouse's financial circumstances were not substantially improved by actual support from a cohabitant. In Loubengeiger v. Weaver, we affirm the family court's decision to deny the obligor spouse's motion to modify maintenance because the motion, and supporting affidavit, do not demonstrate that any improvement in the recipient's financial circumstances from support by her cohabitant was unanticipated.

I. The Facts
A. Miller v. Miller

¶ 2. Julie and Lee Miller were divorced in December 2001, after eleven years of marriage. The divorce decree required husband to pay spousal maintenance of $975 per month until June 2007, and $750 per month from July 2007 until June 2009. It also obligated wife to pay a significant amount of debt, including approximately $100,000 in principal on two home mortgages and $22,126 in various unsecured debts. At the time of the divorce, wife's monthly housing expenses, without food costs, were $1551. At that time wife was also supporting four minor children—two children of the parties and two from a former marriage.

¶ 3. Following the divorce, wife filed for bankruptcy and discharged all of her unsecured debt except for one loan on which she pays $200 per month. She remarried, in August 2002, to Shane Taylor, a self-employed logger, and moved into his home. Soon thereafter, the bank foreclosed on the home she was awarded in the divorce decree because of her failure to make mortgage payments.

¶ 4. Husband moved to modify the spousal maintenance order in November 2002 because of wife's improved financial circumstances. Although wife's work income of $20,000 per year had not appreciably increased, he alleged three other improvements: financial support from wife's new husband, reduced expenditures because of the bankruptcy and the foreclosure, emancipation of one child of wife's first marriage, and reduced living expenses of the other. After hearing, the family court found a real, substantial, and unanticipated improvement in wife's financial circumstances, and eliminated husband's spousal maintenance obligation.

¶ 5. At the hearing, wife testified that her financial agreement with Mr. Taylor is to evenly split the household bills, including mortgage, property taxes, utilities, heat, home maintenance, and food. She stated that Mr. Taylor earns around $500 per week and is expected to contribute $1000 per month to the household expenses, but is not always able to provide that amount due to other personal debts. She confirmed that when Mr. Taylor makes his full contribution, she pays $839 per month for all housing expenses, except food.

¶ 6. Wife also testified that she had incurred substantial new debt since declaring bankruptcy and remarrying. At the time of the divorce, she paid $212 per month for a 1994 Pontiac Transport valued at $12,000. After the divorce, however, she purchased a new $40,000 automobile on credit and owned it approximately two years before it was repossessed. She then purchased a 2003 GMC Envoy for $23,000, incurring a monthly car payment of $571 per month. Additionally, she took out a $5000 personal loan for car and house repairs, and owed roughly $1500 in new credit card debt.

¶ 7. Finally, wife testified that circumstances had changed with respect to the children of her first marriage. One had graduated from high school and was working, but was still living with her without contributing to household expenses. The other was in college in Florida on a full scholarship that covered all living expenses.

¶ 8. Based on the evidence presented, the family court concluded that wife's remarriage constituted a real, substantial, and unanticipated change in circumstances. The court found that Mr. Taylor's income was sufficient to contribute approximately $1000 per month to the household. It also found that wife's financial circumstances and lifestyle had substantially improved since the time of her divorce as a result of her clearing her debts through the bankruptcy and foreclosure. While she argued that her current debt load was approximately the same as at the time of her divorce, the court determined it was primarily her own fault as a result of her decisions to purchase a more expensive vehicle and make improvements to her home on credit.

B. Smaller v. Smaller

¶ 9. In October 2002, the Windsor Family Court granted Patricia and Mark Smaller a divorce, and ordered husband to pay wife $1200 per month as spousal maintenance until such time as either died. In November 2002, wife moved out of the marital home and into an apartment of her own. In April 2003, her new partner moved into her apartment, but they have not married and the new partner has not paid rent or substantially contributed to household expenses. In January 2004, husband filed a motion to modify maintenance, claiming a change of circumstances because: (1) subsequent to the original maintenance order his wife began cohabitating with another person who contributes to her support; and (2) wife received a promotion which resulted in a greater income. After hearing, the family court found that wife was cohabitating with a new partner, but the new partner did not, in fact, contribute to rent or other household expenses. The court determined, however, that wife's cohabitation with a person who works full-time and could contribute to the household expenses constituted a real, substantial, and unanticipated change of circumstances. The court reasoned that husband should not have to pay to maintain his former wife's home and lifestyle when she chose not to accept money from a cohabitant who was capable of contributing to household expenses. It also found that wife's income had increased since the time of the divorce but concluded that the increase was not sufficient, alone, to constitute a substantial change of circumstances. The family court modified the maintenance order, reducing husband's monthly spousal maintenance payment by $350, based on the amount in rent and utility expenses wife's new partner should be expected to contribute as a fully-employed cohabitant. Wife subsequently filed this appeal.

C. Loubengeiger v. Weaver

¶ 10. Janet Loubengeiger and Todd Weaver separated in September 1999 and divorced in August 2000 as a result of husband's extra-marital relationship. During their eight-year marriage, they had one child. At the time of the divorce, husband was employed by IBM and earned a salary of approximately $100,000. Wife was a full-time mother and was not employed outside the home.

¶ 11. The parties negotiated a spousal maintenance stipulation, which the Addison Family Court accepted in January 2002. The stipulation required husband to pay wife maintenance of $1400 per month for sixty consecutive months and to transfer to her $115,000 from his pension and retirement accounts. The stipulation stated that it would not be modified "without the necessary change of circumstances required under Vermont law" and that separation by either party from his or her current partner could not be asserted as grounds for a modification of spousal maintenance. Apparently, the latter provision was added because both husband and wife were in committed relationships with new partners, who were named in the stipulation.

¶ 12. In July 2004, husband filed a motion to modify spousal maintenance arguing that the maintenance amount agreed upon in the stipulation anticipated that former wife would have to pay for her own housing and that she would make efforts to gain employment and training. He claimed that a change of circumstances had occurred because she remained living with her new partner, made no efforts to gain employment or training, enjoyed a higher standard of living than that established during the marriage, and received twenty percent more than the $68,500 the maintenance order anticipated she would obtain from his pension distribution after taxes and fees. The family court denied this motion, holding that the stipulation...

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7 cases
  • Mayville v. Mayville
    • United States
    • Vermont Supreme Court
    • October 21, 2010
    ...rule of law is consistent with our rulings in cases where the obligee's expenses are reduced because of remarriage. See Miller v. Miller, 2005 VT 122, ¶¶ 17, 20, 179 Vt. 147, 892 A.2d 175 (holding that remarriage of obligee spouse will allow modification of maintenance order only if it subs......
  • Weaver v. Weaver
    • United States
    • Vermont Supreme Court
    • June 23, 2017
    ...appropriate employment at the standard of living established during the civil marriage." 15 V.S.A. § 752(a)(1)-(2); see also Miller v. Miller, 2005 VT 122, ¶ 14, 179 Vt. 147, 892 A.2d 175 (2005). As we have explained, "[t]he reference to reasonable needs should not be looked at in relation ......
  • Meyncke v. Meyncke
    • United States
    • Vermont Supreme Court
    • August 3, 2009
    ...changes in the nonmaintenance income available to recipient spouses can warrant a modification of a maintenance award. Miller v. Miller, 2005 VT 122, ¶ 16, 179 Vt. 147, 892 A.2d 175. However, as also explained above, the maintenance award at issue in this case is compensatory in nature. Whi......
  • Gravel v. Gravel
    • United States
    • Vermont Supreme Court
    • July 24, 2009
    ...rehabilitative maintenance — that is, maintenance to support the recipient spouse while he or she becomes self-sustaining. See Miller v. Miller, 2005 VT 122, ¶ 32, 179 Vt. 147, 892 A.2d 175 ("The maintenance awarded is time-limited and, thus, rehabilitative."). In only one decision, Slade v......
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