Montoya v. Montoya, 18898
| Decision Date | 23 January 1985 |
| Docket Number | No. 18898,18898 |
| Parties | Bonifacio MONTOYA, Plaintiff and Respondent, v. Viola N. MONTOYA, Defendant and Appellant. |
| Court | Utah Supreme Court |
Robert E. Froerer, Ogden, for defendant and appellant.
John B. Hutchison, Ogden, for plaintiff and respondent.
This is an appeal from an order modifying a divorce decree. In an order dated November 12, 1982, the trial court increased respondent Bonifacio Montoya's alimony obligation from a token payment of $1 per year to $100 per month. Appellant Viola Montoya seeks to have this Court modify the lower court's judgment to further increase her monthly alimony payments from the respondent.
Bonifacio and Viola Montoya were granted a divorce on September 17, 1974, after a marriage of almost 29 1/2 years. At the time of the divorce, Mr. Montoya was earning approximately $1700 a month as a civilian employee at Hill Air Force Base, while Mrs. Montoya was earning about $200 a month as a domestic worker. In a stipulation entered into by the parties concurrent with the divorce decree, Mr. Montoya agreed to pay $100 per month as child support for each of the three children (of seven) who had not reached majority at that time. Mrs. Montoya also received her personal property, the household furnishings and appliances, and the family home in Salt Lake County, which was subject to a mortgage with payments of approximately $70 per month. Mr. Montoya was to be responsible for all other debts of the couple, including a new roof for the house, and was to pay $100 of Mrs. Montoya's legal fees. He also received certain real property in New Mexico, subject to the requirement that it be deeded equally to the children on his death. Neither the stipulation nor the decree mentioned any future retirement or social security benefits Mr. Montoya might be entitled to receive. The decree awarded $1 per year to Mrs. Montoya.
In June 1977, after two of the minor children had reached majority, the appellant petitioned the district court to increase child support for the remaining minor child from $100 per month to $150 per month. At that time, Mrs. Montoya was earning approximately $200 per month as a housekeeper. That petition was dismissed when both parties failed to attend a scheduled hearing on the matter. In December 1977, the appellant again petitioned the court for an increase in child support for the couple's remaining minor child, based on an increase in her living expenses. On January 4, 1978, the court increased the child support to $125 per month. No findings of fact were entered by the court in connection with that modification.
On November 16, 1981, the appellant filed a motion to modify the divorce decree to provide alimony of $175 per month. At that time, Mrs. Montoya's child support payments had ceased because the last child of the couple had reached majority, but Mrs. Montoya had a monthly income of $435 from housekeeping work. The court denied this motion on December 23, 1981, 1 finding that no substantial change in the parties' circumstances had taken place sufficient to justify an increase in alimony.
The appellant commenced the instant action in April 1982, requesting $423 per month in alimony from the respondent. Since the previous hearing, Mrs. Montoya had lost her employment as a housekeeper due to the poor state of the economy and severe allergic reactions to various substances with which she came into contact at work. Her efforts to find other work at employment agencies were fruitless because of her health and her lack of training and education. Mr. Montoya had by then retired and remarried. The record shows that he receives retirement benefits of approximately $1100 per month. Mr. Montoya alleged that he had no other source of income and that his current wife does...
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Wilde v. Wilde
...benefits as income of an obligee spouse in determining reasonable alimony in a modification proceeding. See Montoya v. Montoya, 696 P.2d 1193, 1195 (Utah 1985). We have also held that disability benefits may be considered income of an obligor spouse in determining alimony. See Ruhsam v. Ruh......
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Muir v. Muir, 900603-CA
...nature of alimony, the substantial change goes to financial and property interests and circumstances of the parties. Montoya v. Montoya, 696 P.2d 1193, 1194-95 (Utah 1985). A temporary increase or decrease in the payor's income does not necessarily constitute a substantial change. English v......
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Willey v. Willey
...trial court in exercising its discretion must make the findings of fact explicit in support of its legal conclusions. Montoya v. Montoya, 696 P.2d 1193, 1194 (Utah 1985). This enables an appellate court to determine if the trial court has abused its discretion. Without adequate findings of ......