Thompson v. Thompson

• Decision Date: 25 June 2009
• Docket Number: No. 2006-292-Appeal.,No. 2007-245-M.P.,2006-292-Appeal.,2007-245-M.P.
• Parties: John M. THOMPSON v. Giselda M. THOMPSON.
• Court: Rhode Island Supreme Court

973 A.2d 499

John M. THOMPSON v. Giselda M. THOMPSON.

No. 2006-292-Appeal.

No. 2007-245-M.P.

Supreme Court of Rhode Island.

June 25, 2009.

Lauren E. Jones Esq., Providence, for Plaintiff.

Jerome V. Sweeney, III, Esq., Pawtucket, for Defendant.

Present: GOLDBERG, Acting C.J., FLAHERTY, SUTTELL, ROBINSON, JJ., and WILLIAMS, C.J. (ret.).

OPINION

Acting Chief Justice GOLDBERG, for the Court.

The plaintiff, John M. Thompson (John or plaintiff), is before the Supreme Court on appeal from a Family Court amended decision pending entry of final judgment that awarded him an absolute divorce from the defendant, Giselda M. Thompson (Giselda or defendant), based on irreconcilable differences that caused the irremediable breakdown of the marriage.¹ On appeal, the plaintiff assigns error to several aspects of the trial justice's decision as it relates to the equitable distribution of the marital estate. The plaintiff also filed a petition for the issuance of a writ of certiorari seeking review of an order of a second justice of the Family Court that was issued after the appeal had been docketed in this Court. This second order adjudged the plaintiff in contempt for failure to make certain payments to the defendant and, additionally, directed the plaintiff to pay attorneys' fees in connection with the prosecution of that motion. The plaintiff challenged both the jurisdiction of the Family Court to issue the order because the appeal had been docketed in this Court, as well as the contempt finding and support orders made by the second justice. On September 10, 2007, this Court granted the petition for certiorari and it was consolidated with the appeal.

Facts and Travel

John and Giselda were married on December 29, 1984. There were three children born of the marriage: Audrey, Emily, and Julie, all of whom were minors at the time of the divorce. John filed for divorce on April 24, 2002, based on irreconcilable differences that led to the irremediable breakdown of the marriage. As the trial justice described, this divorce was "a long and tortuous road through multiple motions, endless discovery[,] and continuances requested by both parties and their counsel."² The trial justice heard testimony that spanned nearly fifteen months,³ and on June 27, 2005, more than three years after the complaint was filed, he issued a seventy-seven page written decision that granted the divorce and distributed the marital assets.⁴

The trial justice first considered the custody of the three minor children. Based upon his review of the factors set forth in Pettinato v. Pettinato, 582 A.2d 909, 913-14 (R.I.1990), as well as an evaluation of the children that was conducted by a clinical psychologist, the trial justice ordered that the parties share joint custody of the children. Giselda was granted physical placement of the children, and John was awarded liberal visitation rights. This holding is not challenged on appeal.

The trial justice next conducted the three-step analysis required to determine the equitable distribution of the marital estate. After identifying the marital assets, the trial justice considered the factors set forth in G.L. 1956 § 15-5-16.1 and made several findings. He found that the parties were married for nearly eighteen years and that Giselda had exhibited many psychological issues during the marriage. However, the trial justice did not assign fault to either party; he did not fault Giselda for suffering from depression and other psychological difficulties, nor John for failing to fully appreciate his wife's problems. The trial justice found that both parties worked outside the home at different times during the marriage, contributed to the acquisition of their assets, and provided homemaking services and child care, although he noted that Giselda was the principal homemaker. The trial justice also found that both parties were in good physical health, but that Giselda continued to be treated for emotional problems. In light of these findings, the trial justice distributed the marital estate equally between the parties, but deferred the sale of the marital domicile for the benefit of the minor children.

The trial justice next considered Giselda's request for alimony; he delayed this ruling and declared that when he had sufficient evidence establishing John's income, he would order him to pay rehabilitative alimony to Giselda. Although he did not award alimony to Giselda, he indicated that John would be required to pay (1) one-half of the principal and interest due on the first mortgage each month, (2) one-half of the principal and interest due on the equity loan each month, (3) one-half of the outstanding amount due on the real estate taxes each month, and (4) one-half of the real estate taxes as they come due each quarter. The trial justice also explained that he "must hear evidence as to current income in order to set a child support and medical payment order in accordance with the child support guidelines."

An order, characterized as a decision pending entry of final judgment, that incorporated the findings and rulings from the original decision was entered by the trial justice on October 11, 2005. The plaintiff filed his first notice of appeal on October 31, 2005. Notwithstanding this order, another year of contentious litigation ensued between these parties. One month after he issued the written decision the trial justice conducted yet another hearing to determine whether an account in John's name, held by Wachovia Securities (Wachovia account), was marital property. An amended decision pending entry of final judgment was entered on November 3, 2005, in which the trial justice declared that the Wachovia account was marital property. This ruling is challenged on appeal. Additionally, although this decision failed to award alimony, the trial justice established the period of alimony as five and one-half years. The plaintiff appealed from the amended decision pending entry of final judgment on November 23, 2005.

On January 27, 2006, as contemplated in the amended decision pending entry of final judgment and before the appeal was docketed in this Court, the trial justice conducted another hearing to determine child support payments. On February 10, 2006, he issued an order that directed John to pay $1,500 per month in child support. Significantly, that order also required "[t]hat in addition to the $1,500 per month in child support [payable] on the [first] of each month beginning January 1, 2006, [John] is to pay $1,500 per month on the [first] of each month beginning January 1, 2006 from one of three marital assets which are: a) The Wachovia Command Account; b) The Fidelity Account; c) The Schwab Account." This additional and undifferentiated $1,500 payment from three discrete sources was designated neither as alimony nor child support.⁵ By order of February 10, 2006, these amounts were incorporated into the final decree of divorce, which was entered on October 5, 2006. On February 15, 2007, John's appeal was docketed in this Court.⁶

On May 14, 2007, a second justice of the Family Court (hearing justice) held a hearing on defendant's motions to modify support and to adjudge plaintiff in contempt for failure to pay the additional $1,500 as required by the order of February 10, 2006. The plaintiff objected and argued that because the original appeal had been docketed in the Supreme Court, the Family Court lacked jurisdiction to consider defendant's motions.⁷ The hearing justice rejected this argument, and after hearing testimony from the parties, she ordered John to pay the deductible for the family's insurance plan and directed the parties to share all uninsured and unreimbursed medical costs. The hearing justice also found that John was "under a continuing order to pay, not only child support, but $1,500 per month"; she concluded that John was in willful contempt of that order.⁸

An order reflecting the hearing justice's decision was entered on June 29, 2007, and, thereafter, John filed a petition for the issuance of a writ of certiorari and a motion for a stay with this Court. On September 10, 2007, this Court granted certiorari and issued a stay of the portion of the order that directed John to pay Giselda's legal fees. This Court also reduced the $1,500 payment ordered by the trial justice to $750, pending the outcome of the appeal. The record discloses that John has been paying $1,500 in child support, plus $750 in accordance with the order of this Court.

I The Appeal

The plaintiff assigns error to several aspects of the trial justice's equitable distribution of the marital estate. Specifically, John contends that the trial justice erred by (1) finding that the money in the Wachovia account held in John's name was a marital asset despite the fact that it was a gift to him from Giselda's parents; (2) excluding a bank account in Giselda's name from the marital estate without allowing inquiry into the source of the funds; (3) failing to assign to Giselda debt that she had incurred when she unilaterally accessed a line of credit after an automatic stay was in place; (4) assigning certain credit-card debt to John; (5) ordering an equal distribution of the marital assets; (6) deferring the sale of the marital domicile; and (7) awarding Giselda rehabilitative alimony. We shall address these issues seriatim.

Standard of Review

"The equitable distribution of property in a divorce action involves three steps: (1) determining which assets are marital property; (2) considering the factors set forth in G.L. 1956 § 15-5-16.1(a); and (3) distributing the property."⁹ Tondreault v. Tondreault, 966 A.2d 654, 662 (R.I.2009) (quoting DeAngelis v. DeAngelis, 923 A.2d 1274, 1277 (R.I.2007)). This Court conducts a deferential review of a trial justice's decision respecting the equitable distribution of marital property. "We do not disturb the trial justice's findings of fact unless it can be shown that he or she has...