Daniel L. Stevens v. Kacie J. Stevens
2014 WY 23
| Wyo. | 2014Background
- Married October 2004; Mother CPA by training, stayed home with two children (ages 6 and 3 at trial).
- Mother worked as a waitress during divorce proceedings to generate income.
- Trial 2012; divorce decree issued March 15, 2013 with Mother having physical custody and Father visitation.
- Property division: Father awarded the marital home and significant assets; Mother awarded smaller share and a cash obligation financed by Father.
- Alimony of $2,000/month for five years; child support calculated with Father earning ~$23,670.22 and Mother ~$934.41; several amendments followed.
- Court affirmed all aspects of the district court’s disposition including property, alimony, child support, and custody.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Property division was an abuse of discretion | Father contends error in equity repayment and tax considerations | Mother argues overall distribution equitable | No abuse; overall distribution proper |
| Alimony award was an abuse of discretion | Alimony unnecessary given Mother’s CPA potential | Alimony justified to bridge earning disparities | Alimony supported as just and equitable |
| Imputation and calculation of child support | Mother voluntarily underemployed; include $9,090.91 succession plan | Trial court properly imputed capacity and considered deviation factors | Properly calculated; deviation and imputation within discretion |
| Custody and visitation arrangement | Shared custody not suitable given communication issues | Single custody with defined visitation best for children | No abuse; custody aligned with best interests and demonstrated lack of cooperation |
Key Cases Cited
- Hall v. Hall, 40 P.3d 1228 (Wy. 2002) (abuse of discretion standard in property matters; best interests standard for custody)
- Sanning v. Sanning, 233 P.3d 922 (Wy. 2010) (abuse of discretion; delineation of appellate review in family matters)
- Walters v. Walters, 249 P.3d 214 (Wy. 2011) (overall distribution approach in property division)
- Johnson v. Johnson, 11 P.3d 948 (Wy. 2000) (factors for alimony; income vs. needs)
- Muller v. Muller, 838 P.2d 198 (Wy. 1992) (balance between property division and alimony; transitioning support)
- Reavis v. Reavis, 955 P.2d 428 (Wy. 1998) (shared custody considerations and cooperation concerns)
- Triggs v. Triggs, 920 P.2d 653 (Wy. 1996) (abuse of discretion standard in custody determinations)