Zaloudek v. Zaloudek
2010 WY 169
| Wyo. | 2010Background
- Dec 2008 divorce decree required Husband to pay Wife $782,659.17 to equalize retirement assets and $37,635.37 for personal property.
- Decree entered Nov 5, 2008; Husband appealed and sought a stay, bond denied for failure to post supersedeas.
- Wife began collection through writs of garnishment against Husband's accounts, including an IRA; motions to show cause filed by both sides in 2009.
- Nov 12, 2009, Wyoming Supreme Court affirmed the divorce decree; Husband filed motions to clarify and extend compliance deadline.
- Jan 26, 2010, district court ordered 10% interest from rendition date under § 1-16-102, totaling $871,387.75 with daily accrual; five-day payment deadline.
- Court held attorney-fee issue not final; fees to be determined later; appeal focused on interest calculation and enforcement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether interest tax from rendition date applies | Zaloudek argues § 1-16-102 requires interest from rendition date. | Zaloudek contends no date set for payment overrides default interest. | Interest from rendition date is proper. |
| Whether attorney fees are appealable when not final | Wife seeks attorney fees as part of enforcement. | Husband argues fee issue should be finalized before appeal. | Attorney-fees issue not final; not appealable. |
Key Cases Cited
- Parker Land and Cattle Co. v. Wyoming Game and Fish Comm'n, 845 P.2d 1040 (Wyo. 1993) (definition of 'until paid' and tender concept in statutory interest)
- Parker v. Artery, 889 P.2d 520 (Wyo. 1995) (tender of funds and garnishment distinctions)
- Hurd v. Nelson, 714 P.2d 767 (Wyo. 1986) (inherent power of courts to enforce decrees)
- Burnett v. Steeley, 190 P.3d 132 (Wyo. 2008) (post-judgment enforcement reviewed for abuse of discretion)
- Woods v. Wells Fargo Bank Wyoming, 90 P.3d 724 (Wyo. 2004) (post-judgment enforcement context and discretion)