Sandra Kay Hargrove v. Gary M. Hargrove
03-15-00415-CV
Tex. App.Sep 21, 2015Background
- Sandra and Gary Hargrove divorced by an agreed final decree (July 17, 2001) that ordered Gary to pay "Spousal Maintenance" of $625/month for 36 months (total $22,500).
- Sandra later filed an enforcement petition alleging Gary failed to pay the full amount of spousal maintenance and sought contempt and wage withholding.
- Gary produced carbon copies of checks, deposit slips, canceled checks, and some signed receipts; Sandra admitted a compiled exhibit showing only $15,097 in payments supported by documentary proof and identified additional unsupported carbon-copy entries.
- At the bench trial, the court concluded the payment obligation was "contractual alimony" (not statutory spousal maintenance) and found Gary had paid all contractual alimony; it entered a take-nothing judgment and denied relief.
- Sandra appealed, arguing (1) the decree unambiguously awarded statutory spousal maintenance (not contractual alimony) and (2) the evidence does not support the trial court’s finding that all ordered payments were made.
Issues
| Issue | Plaintiff's Argument (Hargrove) | Defendant's Argument (Gary) | Held (trial court) |
|---|---|---|---|
| Characterization of payment obligation: spousal maintenance vs contractual alimony | Decree language is unambiguous: it awards "Spousal Maintenance" (parenthetical "Alimony" used as shorthand); parties intended statutory spousal maintenance | Gary (and trial court finding) treated the award as contractual alimony | Trial court held the decree created contractual alimony (not statutory spousal maintenance) |
| Whether Gary paid all ordered payments | Sandra traced documentary evidence and showed only $15,097 in payments supported by proof; carbon copies alone are not proof of negotiation/payment | Gary testified he produced records and believed the carbons reconciled to the full amount and thus he had paid what was owed | Trial court found Gary had complied and paid all contractual alimony due |
Key Cases Cited
- Anderson v. City of Seven Points, 806 S.W.2d 791 (Tex. 1991) (standard for reviewing findings of fact from bench trials)
- Ex parte Gorena, 595 S.W.2d 841 (Tex. 1979) (agreed divorce decree approved by court is enforceable as a judgment; contempt available)
- Cain v. Bain, 709 S.W.2d 175 (Tex. 1986) (legal/factual-sufficiency standards of review)
- Waste Mgmt. of Texas, Inc. v. Texas Disposal Sys. Landfill, Inc., 434 S.W.3d 142 (Tex. 2014) (legal-sufficiency framework)
- Hagen v. Hagen, 282 S.W.3d 899 (Tex. 2009) (interpreting divorce decrees: ambiguous vs unambiguous language governs construction)