Wilson v. Wilson, 10–447.

• Decision Date: 12 December 2011
• Docket Number: No. 10–447.,10–447.
• Court: Vermont Supreme Court
• Parties: Laurie WILSON v. Craig WILSON.

2011 VT 133
38 A.3d 50

Laurie WILSON
v.
Craig WILSON.

No. 10–447.

Supreme Court of Vermont.

Dec. 12, 2011.

[38 A.3d 51]

Present: DOOLEY, JOHNSON, SKOGLUND, BURGESS, JJ. and MORSE, Associate Justice (Ret.), Specially Assigned.

ENTRY ORDER

¶ 1. Husband appeals from a family division order dismissing his motion to modify part of a 2005 final divorce decree. The court concluded that the provision at issue pertained to property division and husband did not demonstrate a basis to modify its terms. On appeal, husband argues that the court abused its discretion in dismissing the motion as a matter of law and not considering the merits of his request for relief from judgment under Rule of Civil Procedure 60(b). See V.R.F.P. 4(a)(1) (making Vermont Rules of Civil Procedure applicable to family division unless otherwise specified). We affirm.

¶ 2. The parties were married in May 1979 and divorced in October 2005. At the time, their youngest child was nine years old. The final order granted wife sole legal and physical rights and responsibilities of the minor children. Wife was also granted possession of the marital home—the parties' most significant asset—during the children's minority. The order delineated that wife was responsible for the mortgage and home equity loan payments, and for paying for routine repairs and upkeep. The parties were required to equally share payment of the property taxes and insurance as well as any necessary repairs over $250. The order explained that when the parties' youngest child turns eighteen or graduates from high school—likely in 2014—the house will be sold and the parties will share the proceeds with wife receiving fifty-two percent and husband forty-eight percent. The final order specifically delineated that the property settlement was “not in lieu of maintenance,” and that neither party was entitled to maintenance.

¶ 3. In August 2010, husband filed a motion to modify the divorce decree, claiming that after being laid off in January 2009, he remained unemployed and did not have the financial means to continue sharing the costs of taxes, insurance and maintenance on the house. He asked to be relieved of his obligation of paying for one-half of the taxes and future maintenance. He also asked that the house be placed on the market immediately instead of in 2014. Wife moved to dismiss, arguing, among other things, that there were no grounds to modify under Vermont Rule for Family Proceedings 4, or Vermont Rules of Civil...