Palin v. Palin
2012 R.I. LEXIS 44
| R.I. | 2012Background
- Married in 1996; two children Lynn and Andrew; JoAnne signed student loans to fund children’s education during marriage.
- Steven allegedly consented to education funding in precatory terms, not contractual; JoAnne paid loans from joint account.
- Trial court found loans were not marital debt; loans remained JoAnne’s sole obligation.
- Amended decision (March 3, 2010) reaffirmed non-marital status of loans and assigned repayment to JoAnne only; wording attached to final judgment.
- Appeal timeliness centered on whether March 3, 2010 amended decision pending final judgment was the proper appealable order; Rule 4(a) governs; March 23, 2010 notice deemed timely.
- Court remands to Family Court and affirms the trial court’s non-marital debt ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of JoAnne's appeal | Appeal timely from March 3, 2010 amended decision | Appeal period started January 20, 2010 | Timely appeal from March 3, 2010 amended decision |
| Whether the loans are marital debt | Loans were taken during marriage for children’s education with Steven’s involvement | Debts were JoAnne’s sole obligation; not marital debt; public policy against presuming marital debt | Loans not marital debt; upheld assignment to JoAnne |
Key Cases Cited
- Cardinale v. Cardinale, 889 A.2d 210 (R.I. 2006) (defer to trial court’s factual findings; standard of review in divorce actions)
- Koutroumanos v. Tzeremes, 865 A.2d 1091 (R.I. 2005) (review of discretionary property division; credibility afforded deference)
- Thompson v. Thompson, 973 A.2d 499 (R.I. 2009) (appeal from decision pending final judgment permissible)
- de Bont v. de Bont, 826 A.2d 968 (R.I. 2003) (timeliness of appeal from interlocutory/divorce orders)
- Craveiro v. Craveiro, 773 A.2d 896 (R.I. 2001) (appeal from decision pending final judgment; Rule 4(a))
- Bina v. Bina, 764 A.2d 191 (R.I. 2000) (divorce appeal timing; interlocutory decision)
- Koziol v. Koziol, 720 A.2d 230 (R.I. 1998) (divorce; appeal of interlocutory orders permissible)
- East Providence Credit Union v. Brown, 104 R.I. 92, 242 A.2d 428 (R.I. 1968) (appeal from judgment; proper focus on final judgment)
- Curry v. Curry, 987 A.2d 233 (R.I. 2010) (affirming trial court’s analysis under §15-5-16.1 factors)