Wipf v. Wipf, 12286

• Decision Date: 28 December 1978
• Docket Number: No. 12286,12286
• Citation: 273 N.W.2d 124
• Parties: LaVerna M. WIPF, Plaintiff and Appellant, v. LaVern R. WIPF, Defendant and Respondent.
• Court: South Dakota Supreme Court

Page 124

273 N.W.2d 124

LaVerna M. WIPF, Plaintiff and Appellant, v. LaVern R. WIPF, Defendant and Respondent.

No. 12286.

Supreme Court of South Dakota.

Dec. 28, 1978.

Thomas J. Farrell and Gene E. Pruitt of Willy, Pruitt, Matthews & Jorgensen, Sioux Falls, for plaintiff and appellant.

Robert L. Jones, Sioux Falls, for defendant and respondent.

PER CURIAM.

This is an appeal from a judgment and decree of divorce entered by the Circuit Court for the Second Judicial Circuit. Plaintiff appeals from the portions of the judgment and decree of divorce which determine the property division and the alimony and child support payments.

LaVerna (appellant and LaVern (respondent) Wipf were married on April 3, 1959. One child, Karris Amber Wipf, who was sixteen at the time of trial, was born to the marriage. An extensive statement of the facts in this case is unwarranted and unnecessary. It is sufficient to say that the parties accumulated substantial debts during the course of their marriage and that, ultimately, various acts of the parties prompted appellant to file for divorce.

The trial court, after holding a trial and several hearings and after spending a great amount of time examining the financial condition of the parties, ordered that each of the parties be allowed to retain certain household property and automobiles and that the remainder of their property be turned over to a trustee for sale and settlement of their numerous liabilities, most of which were mortgages. ^* Any money remaining, which would likely be a rather small amount, was to be paid to appellant. Further, respondent was ordered to pay $50 per week for child support and $250 per year alimony. Appellant appeals the property division and the alimony and child support provisions.

It is settled law in South Dakota that this reviewing court will not disturb an award of alimony or child support or a division of property unless it clearly appears that the trial court abused its discretion in entering its judgment. SDCL 25-4-41; SDCL 25-4-44; Guindon v. Guindon S.D., 256 N.W.2d 894 (1977); Kittelson v. Kittelson, S.D., 272 N.W.2d 86 (filed November 30, 1978). Upon a thorough examination of the record, we do not find that the trial court abused its discretion in any of the matters contested by appellants.

Appellant first contends that the property division was inequitable. However, the total assets and liabilities as found by the trial court were approximately equal. Therefore, aside from the personal items awarded to each party, which were minimal, there was no property to divide. Appellant argues that she did not incur many of the liabilities and should not be responsible for them, yet the trial court found, and the record clearly supports such a finding, that the debts were incurred for the benefit of both of the parties and their daughter. The debts were debts of the marriage and appellant is not entitled to avoid liability for them. Appellant's contention that the proceeds of the settlement that resulted from the automobile accident should not be included in the marriage assets is also without merit. Further, if there is any inequity in the property division, which we doubt, it is probably due to the fact that the trial court made its findings of fact and conclusions of law before the report of the trustee was complete. The trial court had intended not to make the final property division...