Robinson v. Robinson

• Court: Vermont Supreme Court
• Writing for the Court: Before SHANGRAW; SMITH
• Citation: Robinson v. Robinson, 130 Vt. 558, 298 A.2d 556 (Vt. 1972)
• Decision Date: 05 December 1972
• Docket Number: No. 102-71,102-71
• Parties: Doris W. ROBINSON v. Willis H. ROBINSON.

Page 556

298 A.2d 556

130 Vt. 558

Doris W. ROBINSON v. Willis H. ROBINSON.

No. 102-71.

Supreme Court of Vermont.

Dec. 5, 1972.

Reginald T. Abare, Barre, for plaintiff.

Richard E. Davis, Barre, for defendant.

Before SHANGRAW, C. J., and BARNEY, SMITH, KEYSER and DALEY, JJ.

SMITH, Justice.

Doris Robinson received a decree of divorce from Willis Robinson by Decree of the Caledonia County Court on May 11, 1970. Although there were three minor children of the parties, no order was made as to the support of such children. However, in accordance with a stipulation filed by the parties, the court did decree to Doris Robinson 'free and clear of any rights and interest of the said libellee, Willis H. Robinson', the homeplace of the parties situated in Groton, Vermont. The decree then provided that Doris should pay to Willis the sum of Four Thousand Three Hundred Dollars, within one month from date of the divorce order. Such payment was never made.

It followed that in December, 1970, Willis Robinson brought a petition for contempt against Doris Robinson by reason of her failure to comply with the provision of the decree which ordered her to pay to him the sum of $4,300.00 within one month from the date of the decree. Doris Robinson filed an answer to the petition for contempt, and in February, 1971, both parties filed a petition in Caledonia County Court to modify the original divorce decree.

Caledonia County Court, as constituted in June of 1971, heard all petitions and answers at the same time. On June 2, 1971, the lower court handed down its findings of fact and decree. This decree, insofar as it is pertinent here, found that while Doris Robinson was technically in contempt in failing to pay Willis Robinson the sum provided for in the initial decree, was not found to be in contempt because it was not willful and was occasioned by reason of her changed financial circumstances.

That part of the new decree which is of interest to us here is the change made by the court relative to the payment by Doris Robinson to Willis Robinson of the $4,300.00. The new order provided that a lien should be imposed on the homestead property decreed to Doris Robinson, in favor of Willis Robinson, in the amount of $4300, without interest with said lien to remain on said premises 'until such time as said premises may be sold, if and when the Libelant desires to do so, or upon the death of the Libelant or remarriage of said Libelant, provided the minor children have reached their majority or are self-supporting . . .'

It is the contention of Willis Robinson in this Court that the lower court erred in that part of its order which changed the original decree in respect to the payment of $4300 by Doris Robinson. Willis Robinson argues that without a showing of abuse of discretion on the part of the court which made the original divorce decree, the decree must stand. Wacker v. Wacker, 114 Vt. 521, 49 A.2d 119. Also cited is 24 Am.Jur.2d Divorce and Separation, Sec. 941:

'If, in settlement of property rights, a decree provides for a lump sum, or payments in installments, or a transfer of property, it is generally held that the award is final and is not subject to modification as the circumstances of the parties change . . .'

Doris Robinson contends, in effect, that the payment ordered was part of an alimony decree and that 15 VSA Sec. 758 allows a court to revise and alter its decree from time to time on petition of either party. Cited is Davis v. Davis, 121 Vt. 242, 154 A.2d 463, in which this Court held that the county court has the same wide discretion with respect to modification of alimony decrees as it has been accorded in original actions concerning alimony and support.

We are immediately confronted with the fact that the ordered payment of $4300 from Doris Robinson to Willis Robinson was not an alimony award. There is no provision under the Vermont Statutes for an award of alimony from wife to husband, and the findings of fact, as well as the stipulation filed by the parties in the original divorce hearing clearly show that such payment was ordered as part of a settlement of property rights between the parties.

Both the stipulation of the parties, and the decree of the court dated May 11, 1970, provide that Willis Robinson shall execute all necessary documents for the transfer of the homeplace to Doris Robinson upon receipt of the payment ordered.

This could lead to the conclusion that Willis Robinson would retain his tenant in common ownership of the property with Doris Robinson, by reason of her...