Cameron Kdell Bagley v. Angela S. Bagley
311 P.3d 141
Wyo.2013Background
- Parties divorced after second marriage; two minor children (16 and 9), one adult disabled daughter (19) living with Wife; Wife guardian/conservator and receives $674/month Social Security for daughter.
- District court awarded Wife divorce, primary custody of youngest child, continued shared arrangement for older minor, and ordered Husband to pay $751.50/month child support based on $5,333/month net income.
- District court refused to order Husband to pay child support for the disabled adult daughter because Social Security benefits were available.
- Wife was awarded specific property items and a money judgment against Husband (~$149,500) reflecting contributions to the marital residence ($89k), business interests, and personal property; Husband occupies a $250,000 house built on land held in a family trust.
- Husband’s income and business expenses were poorly documented; the district court inferred net income from a $6,400 tithe (treated as 10% of net), leading to the $5,333/month finding.
Issues
| Issue | Wife's Argument | Husband's Argument | Held |
|---|---|---|---|
| Whether Husband must personally support the adult disabled daughter | Wife: §14-2-204 permits support for disabled child; court should compute presumptive support under child support guidelines and not refuse support because of Social Security | Husband: Social Security benefits adequately provide for daughter; no further obligation | Court: Reversed and remanded — support may continue under §14-2-204; district court must calculate presumptive support under guidelines and consider treatment of Social Security (including possible deviation or set-off) |
| Whether district court correctly calculated Husband’s net income for child support | Wife: Trial court should apply statutory definitions and guidelines to compute net income | Husband: District court’s calculation (based on tithe inference) was acceptable given poor records | Court: Reversed and remanded — net income must be computed from gross income minus documented, reasonable unreimbursed legitimate business expenses and other statutory deductions; tithe inference was improper |
| Whether property division (money judgment ~$149,500, including $89,000 for contribution to home) was an abuse of discretion | Wife: District court’s disposition was correct — refund of family contribution and equitable division | Husband: No ownership interest in land/home so no divisible asset; award functionally alimony and unfair without payment schedule | Court: Affirmed in part — district court properly accounted for Wife’s $89,000 contribution and equitable adjustment; judgment may be entered even if immediate cash unavailable; corrected arithmetic error and interest allowed; not an improper alimony award |
| Whether valuation of Bagley Horseshoeing at $40,000 was erroneous | Wife: Value supported by assets, income, and prior sale prices | Husband: Wife’s valuation speculative and unsupported | Court: Affirmed — district court’s valuation permissible because Husband presented no contrary evidence |
Key Cases Cited
- Cossette v. Cossette, 76 P.3d 795 (Wyo. 2003) (§14-2-204 authorizes support for adult child attending high school)
- Watson v. Watson, 60 P.3d 124 (Wyo. 2002) (burden to prove reasonable unreimbursed legitimate business expense)
- Underkofler v. Underkofler, 834 P.2d 1140 (Wyo. 1992) (dissipation of marital assets can be accounted for in property division)
- Walters v. Walters, 249 P.3d 214 (Wyo. 2011) (property division and reimbursement/remedies for contributions)
- Boyle v. Boyle, 143 P.3d 368 (Wyo. 2006) (cash awards may be entered even if marital estate lacks immediate funds)
- Storm v. Storm, 470 P.2d 367 (Wyo. 1970) (mere expectancy generally not divisible)
- Muller v. Muller, 838 P.2d 198 (Wyo. 1992) (alimony disfavored; prefer property division to adjust equities)