Summer v. Summer
280 P.3d 451
Utah Ct. App.2012Background
- Husband filed for divorce on May 7, 2008; the Commissioner granted temporary relief requiring him to pay mortgages and insurance premiums, including health insurance for Wife.
- Husband stopped paying Wife's health insurance premium after separation, leaving Wife uninsured; Commissioner ordered reinstatement if cost-effective and court-ordered reinstatement possible.
- At an order-to-show-cause hearing (Nov. 3, 2008), Husband admitted noncompliance; trial court later found him in contempt for failing to reinstate health insurance and fined him, suspending jail time.
- Parties settled temporarily with a plan for Wife to be added back to insurance and for each party to take on additional obligations; a bankruptcy-related stipulation followed in 2009.
- A final bifurcated divorce decree (June 14, 2010) awarded Wife the marital home with $50,000 in equity in lieu of alimony, plus Wife’s medical expenses incurred post-insurance lapse and $6,025 in attorney fees; Husband appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Contempt for failure to pay health insurance premium | Husband argued he lacked funds and thus could not comply. | Trial court abused discretion in finding contempt given circumstances and ability. | Affirm contempt for first order; affirmed second contempt given record. |
| Wife’s contempt for bankruptcy order | Husband argues Wife violated bankruptcy-order obligations; Wife contends lack of standing to challenge not contempt. | Wife disputes standing limitations and argues the court did not compel bankruptcy. | Husband has standing; trial court did not err in not holding Wife in contempt. |
| Property and alimony award adequacy | Husband contends findings insufficient and faults not properly considered. | Wife contends findings support award of the home in lieu of alimony and related medical-expense provision. | Affirm award of marital home with $50,000 equity in lieu of alimony and post-insurance-expense provision; findings adequate. |
| Attorney fees | Husband argues lack of detailed findings on need, ability to pay, and reasonableness. | Wife seeks fees under subs. (1) or (2) and on appeal for enforcement. | Remand for specific findings on Husband’s ability to pay; uphold enforcement-fee award; otherwise affirm in part. |
Key Cases Cited
- Barton v. Barton, 29 P.3d 13 (Utah Court of Appeals 2001) (contempt standard for civil disobedience requires clear abuse of discretion)
- Von Hake v. Thomas, 759 P.2d 1162 (Utah 1988) (contempt elements; civil vs. criminal contempt distinctions)
- Chen v. Stewart, 123 P.3d 416 (Utah 2005) (standing to challenge contempt when aggrieved; fair-traceability test)
- In re Metz, 598 N.E.2d 369 (Ill. App. Ct. 1992) (standing in contempt appeals; injury to movant required)
- Johnson v. Schwartz, 542 P.2d 153 (Ore. Ct. App. 1975) (standing in contempt appeals; benefit requirement)
- Pattinson v. Stephens, 436 So. 2d 975 (Fla. Dist. Ct. App. 1983) (civil contempt as coercive tool; monetary sanctions)
- Miles v. Miles, 269 P.3d 958 (Utah Court of Appeals 2011) (fee-award standards; enforcement vs. establishing orders)
- Wight v. Wight, 268 P.3d 861 (Utah Court of Appeals 2011) (two classes of attorney-fee awards; need and ability-to-pay factors)
- Connell v. Connell, 233 P.3d 836 (Utah Court of Appeals 2010) (fee awards; substantial-prevailance standard)
- Busche v. Busche, 272 P.3d 748 (Utah Court of Appeals 2012) (remand for further findings where enforcement vs establishing orders blurred)
- Grgich v. Grgich, 262 P.3d 418 (Utah Court of Appeals 2011) (preserve issues and reasonableness of fees on appeal)
- Leppert v. Leppert, 200 P.3d 223 (Utah Court of Appeals 2009) (partial fee awards on appeal when substantially prevailing on issues)
- Elman v. Elman, 45 P.3d 176 (Utah Court of Appeals 2002) (consideration of proportional attorney-fee awards)