Carter v. Carter
Carter v. Carter
Opinion of the Court
In this proceeding, plaintiff Norman G. Carter sought to have his obligation of paying $350 per month alimony to his former wife, defendant Pauline Carter, terminated. Upon a plenary hearing and due consideration of the appropriate factors, the trial court granted his petition only to the extent of reducing the alimony to $100 per month. Plaintiff appeals.
The details as to antecedent facts are not essential to be recited here, except the salient ones stated below. The parties had been married in 1945 and thus, at the time of the divorce in 1976, the marriage had endured for 31 years. They had reared a family of four children, all of whom were of age and independent. At that time, their principal assets were a home worth about $80,000, a mountain cabin worth about $10,-000 and household furniture, equipment and other adjunctive assets of the usual character, including an automobile for each.
The plaintiff had worked for the U.S. Steel in Orem for almost 30 years and his yearly salary was about $18,000 and he also had a Veteran’s pension of $300 per month. Defendant Pauline was unemployed, though she was qualified to follow her former vocation as a school teacher. The decree made an equitable distribution of the property (about which no complaint is made in this proceeding) and awarded the defendant alimony of $275 per month while she lived in the family home and until it was sold, and thereafter $350 per month.
Ten months later, the plaintiff filed the instant petition to have the $350 per month alimony eliminated. His counsel stated to the court that they made no contention that plaintiff’s income or economic status had diminished since the divorce was granted, but that the ground relied on for termination of alimony was that the defendant Pauline had become employed as a school teacher at a monthly salary of $636.27, and that because of that, together with other fixed income of about $150 per month, she has adequate income for her support and that therefore alimony should be eliminated entirely.
It is not difficult to appreciate that the plaintiff desires to be relieved entirely from the payment of alimony. Neither are we insensitive to the fact that there is some merit to his argument that alimony is primarily to provide support for the recipient. But in adjudicating his petition, it is necessary and proper for the court to consider not only his point of view, but all of the factors bearing on the total problem. This includes the effect its determination will have on each of the parties at present, and also in the future; and moreover, how its ruling will harmonize with the underlying policy of the law and thus affect society generally.
One of the important factors is that it should be the policy of the law to encourage one receiving alimony to seek employment.
Another matter of significance is that where parties have been married for many years and reared their family, it is natural to assume that the wife has been occupied mainly with taking care of the home and
Correlated to the above is the fact that upon consideration of all of the circumstances, the trial court did grant the plaintiff substantial relief by reducing his obligation to pay alimony from $350 to $100 per month.
This Court has often stated that due to the responsibilities imposed on the trial judge in such matters, and to his advantaged position, he should necessarily be allowed considerable latitude of discretion.
There is an additional matter which deserves attention. In regard to the proceeding below, the trial court ordered that the parties bear their own costs and attorneys’ fees,
. Porreca v. Porreca, 8 Ariz.App. 394, 446 P.2d 500 (1968); Cleaver v. Cleaver, 10 Wash.App. 14, 516 P.2d 508 (1973). See also Dehm v. Dehm, Utah, 545 P.2d 525 (1976).
. Whitehead v. Whitehead, 16 Utah 2d 197, 397 P.2d 987 (1965).
. That the trial court did not abuse its discretion since plaintiff was successful in having the alimony reduced, see 2 Nelson, Divorce and Annulment, Section 17.37 (2d Ed. 1961).
.See Ehninger v. Ehninger, Utah, 569 P.2d 1104 (1977).
Concurring in Part
(concurring and dissenting):
With the principal part of the main opinion I concur. However, I dissent from the rationale used to support the award of costs and attorney’s fees, on appeal, to defendant, viz., because plaintiff was unwilling to abide by the trial court judgment. Such a rationale appears to me to be in terrorem.
Reference
- Full Case Name
- Norman G. CARTER, Plaintiff and Appellant, v. Pauline CARTER, Defendant and Respondent
- Cited By
- 6 cases
- Status
- Published