Reller v. Argenziano
2015 UT App 241
| Utah Ct. App. | 2015Background
- Karine Feldman (formerly Reller) gave birth in 2005; her divorce decree later excluded her then-husband Micah Reller as the child’s father after DNA testing. The State filed a paternity/child-support action against Francis Argenziano in September 2009 seeking retroactive support from March 2009.
- Feldman was substituted as petitioner in December 2010. The parties reached an unapproved partial stipulation about retroactive support for July 2009–August 2010; the court reserved retroactive-support issues for trial.
- Feldman’s trial brief (Aug. 2013) sought retroactive child support back to September 3, 2005 (four years before the 2009 filing). On the morning of trial Argenziano objected; Feldman moved to amend the complaint to add that claim; the court conditionally received evidence but later denied the motion to amend as untimely and prejudicial.
- After trial the court imputed monthly income of $6,443.33 ($77,320/yr) to Argenziano based on his work history, occupational qualifications, and Bureau of Labor Statistics (BLS) data, and declined to hold him in contempt for nonpayment in Jan.–Feb. 2013 because he lacked ability to pay.
- Feldman appealed, arguing (1) the Retroactive Support Claim was tried by consent under Utah R. Civ. P. 15(b), (2) denial of her motion to amend unlawfully waived retroactive support in violation of Utah Code § 78B-12-109, (3) the court erred in imputing income without finding voluntary underemployment and by relying on BLS data, and (4) the court should have found Argenziano in contempt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether retroactive-support claim (back to 2005) was tried by express or implied consent under Utah R. Civ. P. 15(b) | Feldman: issue was tried by consent because she raised it in her trial brief and evidence was admitted; Argenziano did not object until trial morning | Argenziano: he objected before trial to that relief and did not prepare discovery or evidence for it; admission was conditional | Court: Not tried by consent — Argenziano objected and evidence was conditionally received, so rule 15(b) inapplicable |
| Whether denial of Feldman’s morning-of-trial motion to amend complaint to add 2005 retroactive claim was improper or violated § 78B-12-109 (waiver) | Feldman: amendment denied on eve of trial unlawfully forfeited/waived retroactive support; § 78B-12-109 prohibits waiver absent written waiver by custodial parent | Argenziano: amendment untimely and prejudicial; Feldman had notice and time to plead earlier | Court: Denial was proper (untimely, unjustified delay, prejudice). Result was forfeiture (procedural), not statutory waiver under § 78B-12-109 |
| Whether trial court erred by imputing income to Argenziano without finding he was voluntarily underemployed or by relying solely on BLS data | Feldman: court must first find voluntary underemployment and cannot base imputation solely on general BLS statistics | Argenziano: court made detailed findings on his history, qualifications, and prevailing earnings; BLS used appropriately as one factor | Court: No error. Statute requires factual findings as to evidentiary basis, not a prerequisite voluntary-underemployment finding; court relied on work history, qualifications, testimony and BLS data |
| Whether trial court abused discretion by refusing to hold Argenziano in contempt for missing Jan.–Feb. 2013 support | Feldman: taking lower-paying work was intentional and shows ability to pay; contempt appropriate | Argenziano: lacked ability to pay due to unemployment, displacement by Hurricane Sandy, new employment without income initially | Court: No abuse — unchallenged finding that he lacked ability to pay precludes contempt |
Key Cases Cited
- Zions First Nat’l Bank v. Rocky Mountain Irrigation, Inc., 795 P.2d 658 (Utah 1990) (rule 15(b) requires pleadings be conformed to evidence when evidence is admitted without objection)
- Keller v. Southwood North Medical Pavilion, Inc., 959 P.2d 102 (Utah 1998) (implied consent depends on whether parties recognized unpleaded issue at trial)
- Rayner v. Rayner, 316 P.3d 455 (Utah Ct. App. 2013) (imputation requires detailed evidentiary findings; voluntary underemployment not always prerequisite)
- Connell v. Connell, 233 P.3d 836 (Utah Ct. App. 2010) (trial courts have broad discretion in child-support determinations and methods to assess income)