Nakkina v. Mahanthi
| Decision Date | 17 June 2021 |
| Docket Number | No. 20190750-CA,20190750-CA |
| Citation | 2021 UT App 63 |
| Parties | SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. |
| Court | Utah Court of Appeals |
Third District Court, Salt Lake Department
The Honorable Barry G. Lawrence
Eric K. Johnson, Attorney for Appellant
Kelli J. Larson, Attorney for Appellee
¶1 Prodeep Kumar Mahanthi and Sireesha Nakkina divorced in August 2019. Mahanthi appeals the trial court's decree of divorce, challenging the court's division of parent-time and its award of certain personal property and attorney fees to Nakkina. He also appeals the court's denial of his motion to amend its findings of fact and conclusions of law.
¶2 We conclude that the court acted within its discretion in denying the motion to amend. But we conclude that the court exceeded its discretion in not dividing parent-time equally between Mahanthi and Nakkina. We also conclude that the court erred in its personal property determination and that its attorney fees award was not supported by sufficient findings.
Accordingly, we affirm in part, reverse in part, vacate the attorney-fees award and award of certain personal property, and remand for further proceedings.
¶3 Nakkina and Mahanthi married in India in December 2005. Shortly thereafter, the couple moved to the United States for Mahanthi's employment. The couple lived in Salt Lake City, Utah, for a few months before relocating to Atlanta, Georgia.
¶4 After becoming pregnant with their first child, Nakkina returned to India in 2006, where the child was born. Nakkina eventually returned to the United States but again travelled to India in 2010 while pregnant with the couple's second child. Nakkina took the first child with her, and she remained in India for two and a half years with the two children. Mahanthi occasionally visited Nakkina and the children during their time in India but otherwise remained in the United States for his employment.
¶5 Nakkina returned to the United States with the children in 2012 and joined Mahanthi who had moved back to Utah. The couple separated in 2016, and Nakkina filed for divorce shortly thereafter. From the time of their separation until the trial court finalized the divorce decree—nearly three years—Nakkina exercised temporary primary physical custody of the childrenwhile Mahanthi exercised his allotted statutory parent-time pursuant to Utah Code section 30-3-35.
¶6 At trial, Nakkina testified that Mahanthi's employment prevented him from spending quality time with their children. She explained that when the children were very young, Mahanthi regularly traveled for work and was away from home for days at a time. She further alleged that while she was in India with the children, Mahanthi's visits were infrequent and he did not spend much time with the family even when he was present. She also testified that she was the primary caregiver for the children, performing tasks such as bathing and feeding them. In general, Nakkina claimed that Mahanthi was an absent father.
¶7 Mahanthi largely denied Nakkina's allegations. He testified that although he used to travel a lot for his employment and would occasionally stay up late working to accommodate his employer's operations overseas, he participated in raising the children, performing all the tasks Nakkina claimed she managed alone. Mahanthi further testified that he quit his travelling job several years prior and that his new job did not interfere with his parent-time.
¶8 Regarding the couple's personal property, Nakkina testified about pieces of jewelry she claimed Mahanthi gave her as gifts during the marriage. She described a diamond necklace, a pair of earrings, and another necklace and set of earrings, which, according to Nakkina, have a combined estimated value of between $15,000 and $18,000.2
¶9 Finally, Nakkina testified that she had borrowed about $61,000 from friends and family that she used, in part, to pay the attorney fees she incurred in litigating the divorce. Nakkina admitted that there was no formal agreement to repay this money. However, she testified that her friends and family still expected to be repaid. In calculating her monthly expenses for alimony, Nakkina included $1,000 per month for payments associated with this debt.
¶10 Following trial, the court issued findings of fact and conclusions of law and ordered the parties to prepare a final decree for the court's review. Invoking "rules 52 and 59 of the Utah Rules of Civil Procedure," Mahanthi filed a motion to amend certain of the court's findings of fact and conclusions of law. The trial court denied Mahanthi's motion, stating that it viewed the "Motion to Amend as a motion for the Court to reconsider its recent Findings, which the Court will not do." It subsequently issued a Final Order and Decree.
¶11 In its Final Order and Decree, the trial court awarded the parties joint physical custody with a parent-time schedule close to equal time: Nakkina was awarded eight out of every fourteen days with the children and Mahanthi was awarded six out of every fourteen days (6/14 schedule). The court stated that the "6 out of 14 schedule provides an equitable balance and adequately considers all of the facts and, ultimately, is in the best interest of the children." While the court acknowledged that many factors supported "equal time, or close to equal time, for both parents," it reasoned that two related factors justified the less-than-equal division of parent-time for Mahanthi: (1) that the "family unit relies heavily on [Mahanthi's] income" and (2) that "the demands of [Mahanthi's] job are, and will likely always be, greater than any of the demands of [Nakkina's] job."
¶12 Next, the trial court awarded the jewelry exclusively to Nakkina and "decline[d] to award [Mahanthi] anything for [it]."
Consistent with Nakkina's testimony, the court found that Mahanthi had gifted the jewelry to her during the marriage and that it was worth "about $15,000." The court further concluded that the jewelry "need not be divided" because "gifts given during the marriage are not marital property."
(Cleaned up.)
¶14 Mahanthi now appeals.
¶15 On appeal, Mahanthi raises four issues. First, he contends that the trial court erred in not awarding him equal parent-time. We review a trial court's parent-time determination for abuse of discretion. Blocker v. Blocker, 2019 UT App 82, ¶ 8, 444 P.3d 541.¶16 Second, Mahanthi contends that the trial court erred in awarding Nakkina the jewelry Mahanthi gave her as gifts during the marriage. "We will not disturb a property award unless we determine that there has been a misunderstanding or misapplication of the law resulting in substantial and prejudicial error, the evidence clearly preponderates against the findings, or such a serious inequity has resulted as to manifest a clear abuse of discretion." Jensen v. Jensen, 2009 UT App 1, ¶ 6, 203 P.3d 1020 (cleaned up).
¶17 Third, he contends that the trial court erred in awarding attorney fees to Nakkina. "We review a trial court's attorney fees award in divorce proceedings for abuse of discretion." Id. ¶ 7. "An award for attorney fees must be based on sufficient findings, and the failure to make such findings requires remand for more detailed findings by the trial court." Leppert v. Leppert, 2009 UT App 10, ¶ 25, 200 P.3d 223 (cleaned up).
¶18 Fourth, he contends that the trial court improperly refused to reconsider its findings of fact and conclusions of law. "As long as the case has not been appealed and remanded, reconsideration of an issue before a final judgment is within the sound discretion of the district court." Ross v. Short, 2018 UT App 178, ¶ 10, 436 P.3d 318 (cleaned up). Thus, we will reverse a trial court's denial of a motion to reconsider "only if there is no reasonable basis for the decision." Tschaggeny v. Milbank Ins. Co., 2007 UT 37, ¶ 16, 163 P.3d 615 (cleaned up).
¶19 Mahanthi first contends that the trial court erred by awarding him less than equal parent-time. When determining what is in the children's best interest regarding parent-time, the decision "turns on numerous factors, each of which may vary inimportance according to the facts in the particular case." See Sanderson v. Tryon, 739 P.2d 623, 627 (Utah 1987). Generally, parent-time should be awarded "at a level consistent with all parties' interests." Utah Code Ann. § 30-3-32(1) (LexisNexis 2019). "Absent a showing by a preponderance of evidence of real harm or substantiated potential harm to the child," it is in the children's best interest "to have frequent, meaningful, and continuing" time with each parent. Id. § 30-3-32(2)(b)(i). In addition, each parent is entitled to "frequent, meaningful, and continuing access" with the children. Id. § 30-3-32(2)(b)(ii).
¶20 Even though we afford the trial court broad discretion when weighing these factors, a parent-time award "must be firmly anchored on findings of fact that (1) are sufficiently detailed, (2) include enough...
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