Bullock v. Bullock
2014 WY 131
Wyo.2014Background
- Ted Bullock (Father) and Teresa Bullock (Mother) divorced in February 2013; Agreement provided health insurance for KEB and joint custody terms.
- Mother alleged contempt in mid-2013 for: lack of health insurance for KEB, inadequate summer visitation with CCB, and interference with use of outbuildings.
- District court found Father in contempt for health insurance and awarded Mother day-care costs; also approved Mother’s use of the outbuildings and ordered attorney fees.
- Father appealed regarding health insurance and visitation contempt findings, and the attorney fees award; Mother cross-challenged only on fees if contempt affirmed.
- On review, court reversed some contempt determinations (visitation and health insurance) but affirmed the attorney-fees award; proceedings consolidated on appeal.
- Court ultimately held Father purged of contempt for insurance by July 2013, but affirmed fee award and vacated contempt findings related to visitation and insurance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Contempt for failing to provide health insurance | Father contends no clear order to file proofs; no unambiguous requirement. | Mother argues clear obligation to obtain/provide insurance; show-cause supported contempt. | Contempt reversed; no clear and convincing evidence of violation. |
| Modification of medical support provision | Modification implied by purge language; requires Mother's approval of policy terms. | Language referred to proof of insurance, not policy terms; no modification by court. | No modification; record insufficient to prove modification. |
| Jurisdiction to sanction for visitation of an adult child outside the decree | Contempt for noncompliant visitation with CCB enforceable under decree. | Visitation issue not within decree's scope; not subject to contempt. | No clear evidence of violation; reverse hearing on visitation and related costs. |
| Attorney-fees award linked to contempt finding | Fees appropriate only if contempt sustained. | Fees may be awarded under statute for enforcing a decree regardless of contempt. | Affirmed attorney-fees award; supported by § 20-2-111 and enforcement necessity. |
Key Cases Cited
- Roberts v. Locke, 2013 WY 73 (Wyo. 2013) (contempt review requires serious error or grave abuse)
- Shindell v. Shindell, 322 P.3d 1270 (Wy. 2014) (clear and convincing evidence standard for civil contempt)
- McAdam v. McAdam, P.3d (Wy. 2014) (civil contempt proof standards applied)
- Burnett v. Steeley, 190 P.3d 132 (Wy. 2008) (statutory authority to award attorney fees in enforcing decree)
- Rocha v. Rocha, 925 P.2d 231 (Wy. 1996) (statutory basis for awarding costs and enforcement fees)
- Thorkildsen v. Belden, 247 P.3d 60 (Wy. 2011) (attorney-fees authority and standards)