Rogers v. Rogers

• Decision Date: 02 April 1991
• Docket Number: Nos. 89-601-M,s. 89-601-M
• Citation: 588 A.2d 1354
• Parties: Nancy G. ROGERS v. Curtis W. ROGERS. P., 90-108-A.
• Court: Rhode Island Supreme Court

Page 1354

588 A.2d 1354

Nancy G. ROGERS v. Curtis W. ROGERS.

Nos. 89-601-M.P., 90-108-A.

Supreme Court of Rhode Island.

April 2, 1991.

Jerry L. McIntyre, Edwards & Angell, Providence, for plaintiff.

Anthony F. Muri, Goldenberg & Muri, Providence, for defendant.

OPINION

FAY, Chief Justice.

These consolidated matters are before the Supreme Court on appeal by the defendant, Curtis W. Rogers, from a judgment of the Family Court entered November 22, 1989, modifying a final judgment of absolute divorce (the judgment) entered May 10, 1985, and by way of a petition of the defendant for a writ of certiorari to review those aspects of the judgment not properly heard on appeal. The defendant asserts that the trial justice erred in reducing the defendant's alimony obligations by only $15,000 annually without setting forth sufficient specific findings of fact to support the decision; in failing to modify the prior alimony order retroactively; in awarding counsel and accounting fees to the plaintiff, Nancy G. Rogers; in failing to suspend the enforcement of the defendant's obligation to pay the initial $79,000 payment in connection with the equitable assignment of the Martin-Copeland Company stock (the stock); and by suspending payments in connection with the stock assignment until such time as the stock regains value or, in the alternative, until such time as certain of the defendant's tax shelters should realize value. We reverse the decision of the trial justice concerning the retroactive application of the modified alimony decree, and we affirm the decision regarding the remaining issues.

The plaintiff and defendant were married on February 13, 1960. At that time, defendant was employed by the Martin-Copeland Company (Martin-Copeland) and eventually advanced to the position of president. During the twenty-four years of their marital relationship, plaintiff and defendant experienced countless difficulties, including the unjustified philandering of defendant, which culminated in an action for divorce. The Family Court found that "irreconcilable differences between the parties * * * caused the irremediable breakdown of the marriage" and therefore granted an absolute divorce on that ground in 1984. The trial justice determined that plaintiff's services as a homemaker and mother were comparable to defendant's services as an employee of Martin-Copeland and that plaintiff's contributions to the relationship and the acquisition, preservation, and appreciation in the value of defendant's stockholdings in Martin-Copeland were substantial.

After considering the contributions and circumstances of each party, the trial justice ordered defendant to hold all his Martin-Copeland stock, then valued at $1,400,000, in trust and to pay 40 percent of the proceeds, or $560,000, to plaintiff no later than July 1, 1995. The defendant could elect to fulfill this obligation by making ten annual payments of $56,000 beginning July 1, 1985. If defendant elected to meet his obligation by making payments of $56,000 and he failed to make the necessary payments by July 1, 1988, he would alternatively be required to pay plaintiff the sum of $79,000 by July 1, 1988. If defendant continued to fail to make the annual payments of $56,000, he would then be required to pay additional installments of $79,000 by July 2, 1990, and July 1, 1992, with the balance of the $560,000 obligation due on or before July 1, 1995. In addition, relying on its knowledge of defendant's gross wages and other compensation, the court ordered defendant to pay plaintiff $45,000 per year in alimony until the death of either party or the remarriage of plaintiff. If he elected to make the annual payments of $56,000 described above, defendant would be permitted to reduce his alimony payments by $3,000 per year for the first five years beginning immediately after the first installment until the alimony reached $30,000 per year. An alternative payment-reduction schedule was provided in the event defendant opted to make payments of $79,000 in accordance with the specified dates. The defendant was permitted to retain his interest in the Martin-Copeland profit-sharing plan, which had not realized any value at the time.

In 1988 as a result of the increased financial decline suffered by Martin-Copeland, defendant's salary decreased from $180,000 to $150,000 per year and later was reduced further to $60,000 annually. On December 9, 1988, Martin-Copeland, unable to meet its financial obligations, ceased operations. The stock, which was the subject of the equitable assignment, was therefore rendered valueless. Both parties stipulated to the fact that the stock was valueless at the time that the first $79,000 installment payment became due. The defendant failed to make his first scheduled payment of $56,000 on or before July 1, 1985, and subsequently failed to make the first alternative payment of $79,000 on or before July 1, 1988.

In light of defendant's failure to pay as ordered, plaintiff filed a motion to adjudge defendant in willful contempt of the terms of the equitable assignment of the stocks in November 1988. On December 4, 1988, defendant filed an objection to plaintiff's motion as well as a motion to modify or suspend payments required under the "assignment provisions of the Final Judgment until such time as the defendant's financial circumstances permit him to do so." The trial justice found that defendant was in contempt for failing to pay the $79,000, that defendant had the ability to pay the $79,000 on or about July 1, 1988, and that the financial circumstances of both plaintiff and defendant had changed, thereby warranting a modification of the judgment. According to the modified terms, defendant's alimony obligations were reduced by $15,000 per year and the payments required under the equitable assignment of stock were suspended until such time as defendant could realize assets from his prior dealings.

The defendant asserts that the trial justice erred in reducing the alimony to $30,000, relying on insufficient findings of fact. Pursuant to G.L.1956 (1988 Reenactment) § 15-5-16, the Family Court may review and alter decrees establishing the amount and payment of alimony. Section 15-5-16(a) provides in pertinent part:

"The decree may be made retroactive in the court's discretion to the date that the court finds that a substantial change in circumstances has occurred; provided however, the court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive."

This court has recognized that specific findings of fact do "not require an exhaustive analysis of the evidence or a specific statement of all the reasons for [the judge's] conclusion"; however, the findings must reflect that the trial judge "exercised his independent judgment in passing on the weight of the testimony and the credibility of the witnesses." Brum v. Brum, 468 A.2d 924, 926 (R.I.1983) (quoting Smith v. Smith, 119 R.I. 642, 648, 382 A.2d 182, 185 (1978)). It has been established that this court may go beyond the findings enumerated by a trial justice if such findings are challenged as insufficient. In Lannon v. Lannon, 86 R.I. 451, 136 A.2d 608 (1957), we determined that when "findings of fact are not set out expressly we will not, for that reason alone, refuse to accord the decision the persuasive force usually accorded such decisions on review." Id. at 453, 136 A.2d at 609. In Lannon the court "carefully examined the transcript" and determined that the findings of fact were insufficient to warrant the wife's award of divorce. Id. at 455, 136 A.2d at 610. We reiterated the Lannon standard for reviewing trial justices' findings in Duke v. Duke, 510 A.2d 430 (R.I.1986), and Kenney v. Hickey, 486 A.2d 1079 (R.I.1985). In Kenney, despite the trial justice's failure to establish an explicit change in circumstances, this court reviewed the record and determined that significant changes in circumstances had occurred to support the trial justice's modification of a final decree relating to child custody. Kenney, 486 A.2d at 1082-83. Furthermore in Duke, when the trial justice failed to state explicit findings of fact to support his decision regarding custody, we examined the record and concluded that it provided "ample evidence to support the trial justice's decision." Duke, 510 A.2d at 432. Additionally it has been established by this court that the findings of a trial justice "are entitled to great weight and will not be disturbed on review unless based upon a misconception or oversight of material evidence or otherwise clearly wrong." Pasquazzi v. Pasquazzi, 119 R.I. 554, 555, 381 A.2d 233, 234 (1977). Therefore, we shall not reverse the findings of a trial justice sitting without a jury absent a finding of abuse of discretion, and we retain the authority to examine the record in its entirety to determine whether such an abuse has occurred.

The defendant in the present case contends not only that the trial justice failed to make specific findings of fact to support the reduction in alimony but also that the record fails to reflect a change in circumstances relative to the alimony decree. Although the trial justice did not refer to specific instances...