Phifer v. Phifer, 92-86

• Decision Date: 08 January 1993
• Docket Number: No. 92-86,92-86
• Citation: 845 P.2d 384
• Parties: John Clarence PHIFER, Appellant (Defendant), v. Kathryn A. PHIFER, Appellee (Plaintiff).
• Court: Wyoming Supreme Court

Page 384

845 P.2d 384

John Clarence PHIFER, Appellant (Defendant), v. Kathryn A. PHIFER, Appellee (Plaintiff).

No. 92-86.

Supreme Court of Wyoming.

Jan. 8, 1993.

Ronald G. Pretty, Cheyenne, for appellant.

Robert L. Nelson of Robert L. Nelson & Associates, Cheyenne, for appellee.

Before MACY, C.J., and THOMAS, CARDINE, URBIGKIT and GOLDEN, JJ.

MACY, Chief Justice.

We must decide whether evidence is present in the record to support the district court's determination that a child was not emancipated so as to relieve the husband, John Clarence Phifer, of the obligation to make child support payments, whether the district court abused its discretion in not reducing the amount of the child support payments, and whether the district court erred in requiring the husband to pay a portion of the attorney's fees for the wife, Kathryn A. Phifer. We must also address a claim for costs, fees, and a penalty under W.R.A.P. 10.05.

We affirm.

The husband states these issues:

ISSUE I: Did the court err by ruling that Angela Phifer was not emancipated?

ISSUE II: Did the court err by not reducing the [husband's] monthly child support obligation?

ISSUE III: Did the court err by ordering the [husband] to pay the [wife's] attorney's fees?

The wife phrases the issues:

I. Whether the District Court properly ruled that Angela Phifer is not emancipated.

II. Whether the District Court properly declined to reduce the monthly child support obligation.

III. Whether the District Court properly allowed the [wife] to present evidence at the second hearing as to the reasonableness of attorney fees incurred in bringing a contempt proceeding against the [husband] for failure to pay his child support and medical support benefits.

IV. Whether this Court can certify that there was no reasonable cause for this appeal and there should be taxed as part of the [husband's] costs a reasonable fee to be paid to the [wife] for damages and costs incurred.

The parties were divorced by a decree entered on January 13, 1982. Custody of the parties' two children was placed with the wife. The decree provided that the husband would make child support payments until "the minor children reach the age of majority, marry, or become otherwise emancipated." In 1988, the wife sought an increase in the amount of the child support payments. After considerable wrangling, the parties reached an agreement, which was reduced to an order entered on June 19, 1989, to increase the child support obligation from $225 a month per child to $275 a month per child.

In 1991, the husband stopped making the child support payments altogether, and the wife sought a finding of contempt. She also sought a judgment for past-due child support, issuance of an income withholding order, and an award for her attorney's fees. A court commissioner initially heard the matter, and he forwarded his recommendations to the district court on November 13, 1991. The court commissioner recommended that the district court enter a judgment against the husband for past-due child support in the amount of $4,600 and for past-due medical support in the amount of $70.25; that the husband be held in contempt but that no penalty be imposed; that the wife have a judgment for $400 in attorney's fees; and that an income withholding order be issued. On November 18, 1991, the husband filed objections to the court commissioner's report, calling into question each recommendation made by the commissioner. In particular, he contended that he should not have to pay past or future child support payments for the parties' eighteen-year-old daughter because she was "emancipated" as contemplated by the divorce decree. On November 20, 1991, the husband also filed a motion to reduce his child support obligation, contending that his income had declined precipitously. The district court returned the matter to the court commissioner for further consideration. On January 30, 1992, the court commissioner issued additional findings and recommendations after hearing additional evidence. The husband objected to that report.

After reviewing the entire record, the district court issued its order which denied the husband's motion to reduce his child support obligation; found that the older child, who was a minor, was not emancipated; gave a judgment to the wife for past-due child support in the amount of $5,425 and for past-due medical support in the amount of $85.80; awarded attorney's fees to the wife in the amount of $920.51; and issued an income withholding order. The husband appeals from that order.

The record demonstrates that the child, who the husband contended was emancipated, was eighteen years old at the time of the October 6, 1991, hearing. She was not married. She had graduated from high school and was not living at home. She had a part-time job and paid some of her own living expenses. She had attended college but dropped out. She was not financially independent from her mother, who did her laundry, furnished her meals, drove her to and from her part-time job, and paid many of the child's expenses. On the basis of this evidence, the husband contends that the district court erred in finding that the child was not...