Andersen v. Andersen
379 P.3d 933
Utah Ct. App.2016Background
- Allen and Andrea Andersen married in 2007, separated in 2012, and litigated divorce matters including child custody (Wife had sole physical custody), child support, childcare arrearages, income imputation, property division, and allocation of a $130,000 settlement Husband received from Riverton City.
- The bench trial lasted two days; the trial court issued detailed findings and imputed Husband’s monthly income at $5,500 based on credibility concerns and inconsistencies in Husband’s financial evidence.
- The court found childcare costs had been deducted from Wife’s paychecks and accepted Wife’s testimony and financial summary to award $11,883 in childcare arrearages.
- Husband argued the $130,000 settlement was separate property (personal injury). The court concluded the complaint and settlement did not show awards for pain and suffering and treated the proceeds as marital property.
- Husband did not supply a complete trial transcript on appeal and did not preserve a request to call his civil‑case attorney at trial when that attorney was unavailable; the court found many of Husband’s appellate challenges unreviewable or waived.
Issues
| Issue | Plaintiff's Argument (Husband) | Defendant's Argument (Wife) | Held |
|---|---|---|---|
| Childcare arrearages — sufficiency/foundation of evidence | Wife’s summary and testimony were insufficient; written bills were required | Wife provided paycheck deductions and testimony; trial court credited her | Affirmed — incomplete record; appellate court presumes findings supported and trial court properly relied on Wife’s evidence |
| Imputation of Husband’s income | Court lacked evidentiary basis to impute $5,500/month; documentary record did not support it | Trial court properly weighed testimony, exhibits, and found Husband not credible | Affirmed — insufficient transcript to overturn credibility-based imputation |
| Characterization of $130,000 settlement (marital v. separate) | Settlement compensated personal injury; therefore separate property | Complaint and settlement sought lost rents, costs, fees; no evidence settlement allocated pain and suffering | Affirmed — proceeds are marital (Husband failed to prove portion for personal damages); failure to preserve attorney‑testimony issue waived |
| Trial counsel/receipt of civil‑case attorney testimony | Court erred by not hearing attorney’s testimony about nature of settlement | Attorney unavailable; Husband’s counsel acquiesced; documentary record dispositive | Affirmed — Husband waived objection and failed to show prejudice |
Key Cases Cited
- Naranjo v. Naranjo, 751 P.2d 1144 (Utah Ct. App. 1988) (compensation for lost wages and medical costs is marital; pain and suffering is typically separate)
- Izatt v. Izatt, 627 P.2d 49 (Utah 1981) (personal injury awards for pain and suffering are personal property)
- Sampson v. Richins, 770 P.2d 998 (Utah Ct. App. 1989) (where record is incomplete on appeal, appellate court presumes findings supported by competent evidence)
- Stonehocker v. Stonehocker, 176 P.3d 476 (Utah Ct. App. 2008) (trial court may order attorney fees in domestic proceedings; fee awards reviewed for abuse of discretion)
- Kimball v. Kimball, 217 P.3d 733 (Utah Ct. App. 2009) (credibility and factual findings by trial court will not be disturbed unless clearly erroneous)