Cagatay v. Erturk
2013 UT App 82
| Utah Ct. App. | 2013Background
- Wife challenges the decree of divorce and seeks reversal on custody, property, and support issues.
- Trial court awarded joint physical custody with a near-equal share of parenting time.
- Custody evaluator's report was relied upon by the court in making custody determinations.
- Disputed Istanbul apartment characterized as marital property; evidence on ownership disputed.
- Trial court attributed NYC rental income to Wife for child support calculations; alimony considerations raised.
- Court remands to recalculate child support and potentially reconsider alimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the joint custody award was an abuse of discretion | Cagatay contends Wife was primary caregiver. | Erturk argues trial findings support joint custody. | No abuse; joint custody affirmed |
| Whether the custody evaluator's report was properly used | Wife argues report not admissible or controlling. | Husband argues trial court can rely on evaluator. | Court may rely on custody evaluations; report admitted; not adopted wholesale |
| Validity of İstanbul apartment as marital property and its valuation | Dispute over ownership and value; challenge to findings. | Evidence supports court's findings under discovery sanctions. | Findings upheld; no clear error on ownership/value |
| Whether rental income from NYC apartment was properly attributed for child support | Rental income attributed to Wife; miscalculation occurred. | Court did not actually attribute income to Wife. | Attribution error; remand to recalculate child support |
| Whether alimony should be reconsidered in light of rental income | Alimony determinations may be affected by income misattributions. | Alimony factors considered; discretion applied. | Remand to reconsider alimony if necessary |
Key Cases Cited
- Merriam v. Merriam, 799 P.2d 1172 (Utah Ct. App. 1990) (courts may rely on custody evaluations)
- English v. English, 565 P.2d 409 (Utah 1977) (modifying alimony when income is misattributed)
- State v. Robison, 2006 UT 65 (Utah) (presumption of proper lower-court conduct; burden on appellant)
- State v. Lee, 2006 UT 5 (Utah) (standard of review for findings; deference to trial court credibility)
- State v. Thomas, 961 P.2d 299 (Utah 1998) (clarifies review of factual findings in custody cases)