Ward v. McGarry, 491 P.3d 970

Background

Ward and McGarry, parents of one child, have been litigating paternity/child-support issues since 2013; custody resolved but child support remained disputed.
McGarry is self-employed with ownership interests; parties disputed his monthly income and Ward alleged incomplete/disputed disclosures.
At a brief March 11, 2020 commissioner hearing, the commissioner (without taking evidence) imputed McGarry’s income at $30,000/month based on McGarry’s Rule 68 settlement offer and recommended a $56,000 lump-sum award for arrearages and attorney fees (an average of the parties’ Rule 68 figures).
The commissioner made only one factual finding (that prolonged litigation warranted resolution) and did not separate or explain calculations for imputation, arrears, or fees.
Ward objected, requested a hearing and detailed findings; the district court signed the commissioner’s recommendation and summarily denied Ward’s objection without independent findings or taking evidence.
The Court of Appeals reversed and remanded, concluding the court erred by approving the recommendation without the required independent findings and without affording a hearing when issues were contested.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court complied with Utah R. Civ. P. 108 by making independent findings when adopting a commissioner’s recommendation.	Ward: court failed to make independent findings of fact and conclusions of law as required when overruling a commissioner.	McGarry: signing the commissioner’s recommendation amounted to adoption or was sufficient.	Reversed — court failed to make independent findings; signing did not substitute for required review and findings.
Whether income may be imputed based solely on McGarry’s Rule 68 settlement offer (without a hearing or stipulated imputation).	Ward: imputation in contested cases requires a hearing and judge-entered factual findings; a unilateral Rule 68 offer is insufficient.	McGarry: his Rule 68 offer (or implicit stipulation) justified imputing $30,000/month.	Rejected McGarry’s view — statute requires a hearing and factual findings in contested cases; imputation based solely on an unaccepted Rule 68 offer was improper.
Whether the commissioner’s lump-sum calculation of arrears and attorney fees (averaging parties’ offers) was an adequate basis for award.	Ward: the award lacked evidentiary support and distinct findings for arrears vs fees.	McGarry: (implicitly) the averaging resolved the dispute.	Court held the averaging and lumping lacked evidentiary support and adequate findings; insufficient to sustain award.
Whether denying Ward a hearing deprived her of her right to a trial/day in court.	Ward: denial of a hearing deprived her of opportunity to present evidence and testify.	McGarry: efficiency and long-standing litigation justified summary resolution.	Court held efficiency does not override the right to a hearing when issues are contested; remand for proceedings with evidence.

Key Cases Cited

State v. Holland, 921 P.2d 430 (Utah 1996) (standard of review for compliance with procedural requirements)
Brigham Young Univ. v. Tremco Consultants, Inc., 156 P.3d 782 (Utah 2007) (review of legal questions)
Jacobsen v. Jacobsen, 257 P.3d 478 (Utah Ct. App. 2011) (legal adequacy of findings reviewed for correctness)
Fish v. Fish, 379 P.3d 882 (Utah Ct. App. 2016) (findings must permit appellate review and show rational basis)
Day v. Barnes, 427 P.3d 1272 (Utah Ct. App. 2018) (rule 108 requires independent judicial review of commissioner recommendations)
Hills v. Hills, 638 P.2d 516 (Utah 1981) (parental obligation to support children is not bargained away)
Miller v. USAA Cas. Ins. Co., 44 P.3d 663 (Utah 2002) (parties entitled to their day in court)
Encon Utah, LLC v. Fluor Ames Kraemer, LLC, 210 P.3d 263 (Utah 2009) (prefer statutory interpretation that avoids absurd results)
Andrus v. Andrus, 169 P.3d 754 (Utah Ct. App. 2007) (parental support obligations cannot be extinguished by parental agreement)