Lisa M. Barrett-Oliver, f/k/a Lisa M. Quast v. Michael G. Quast
302 P.3d 909
Wyo.2013Background
- Quast (appellee) and Quast (appellant) were married in 1988 and had five children.
- A 2004 Property Settlement and Child Custody Agreement granted the mother primary physical custody with joint legal custody.
- In 2009, the appellee sought modification of child support; the appellant counterclaimed regarding expenses allocations.
- A 2011 hearing occurred; no court reporter transcripts were preserved for appeal.
- In 2012, the district court recalculated presumptive support, imputing income to the appellant for unemployment and clarifying college and extracurricular expense provisions.
- The district court limited extracurricular reimbursements to $225/month and set detailed college tuition/expense terms; the appellant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was income imputation an abuse of discretion? | Quast argues the court failed to consider all statutory factors for earning capacity. | Quast argues imputation was proper to reflect potential earning capacity. | Court upheld imputation based on discretion, record, and lack of transcript evidence to refute. |
| Did the district court abuse its discretion by modifying the Property Settlement and Child Custody Agreement? | Quast contends provisions were unambiguous and improperly modified. | Quast argues the court acted within authority to clarify terms at parties’ request. | Court found insufficient record to conclude abuse of discretion; task reversed for missing transcript. |
Key Cases Cited
- Durham v. Durham, 2003 WY 95 (Wy. 2003) (imputation requires consideration of earning capacity factors)
- Golden v. Guion, 2013 WY 45 (Wy. 2013) (review restricted when record lacks transcript; reliance on district court findings)
- Willowbrook Ranch, Inc. v. Nugget Exploration, Inc., 896 P.2d 769 (Wyo. 1995) (absence of transcript requires accepting trial findings)
- Osborn v. Pine Mountain Ranch, 766 P.2d 1165 (Wyo. 1989) (recognizes limits on reviewing transcripts and evidence)
- Chancler v. Meredith, 86 P.3d 841 (Wy. 2004) (quoted in context of modification/clarification of agreements)
- Thomas v. Thomas, 983 P.2d 717 (Wy. 1999) (burden to present complete record on appeal)