Court Can Base It’s Rulings on Hypotheticals; and Animal Feed is Not Included in Child Support or Alimony

Farnsworth v. Farnsworth, 2012 UT App. 282, Utah Court of Appeals, October 12, 2012

Husband and Wife were divorced.  Wife was awarded alimony based on a standard of living that would include a hypothetical $140,000 home.  The Court also awarded $200/month for the cost of animal feed for a minor daughter’s horses.  Husband appealed.

The Court of Appeals found that the relying on the $140,000 home was reasonable without any evidence to support such a number.  The court also found that the $200 for the animal costs appeared to be more related to the child’s extracurricular activity than to Wife’s standard of living.  Because it was an extracurricular expense, the Court of Appeals amended the award to deduct the cost of the animal feed.

The Court was divided on the both issues with a dissenting opinion on each.  Judge Orme dissented on the alimony award and asserted that the trial court should not have awarded alimony based on a hypothetical home.  Jude Orme accused the trial court of punishing husband for his fault for artificially lowering the parties living conditions during the marriage; and since fault cannot be used as a factor (keep in mind the new changes to U.C.A. §30-3-5, passed by legislature, not yet signed by Governor). 

Judge Thorne believed that the $200 for the feed should have been included in the alimony award because Wife’s standard of living had always included horses.    

Full opinion available at: http://www.utcourts.gov/opinions/appopin/farnsworth10122012.pdf

Extra-Curricular Activities Must Be Budgeted for in Child Support

Davis v. Davis, 2011 UT App 311, Utah Court of Appeals September 9, 2011

Husband and wife divorced in 2002.  The Decree was modified in 2005 because of Husband’s loss of employment and bankruptcy.  In 2008, Wife filed a Petition to Modify because Father’s failure to pay credit card costs had resulted in the creditors seeking payment from her thus lowering her credit score and making it more difficult for Wife to obtain additional credit.  Wife sought to have the child tax benefits awarded to her because of Father’s failure to pay the credit card debt.  She further sought an order requiring Father to pay half of the children’s extracurricular costs, and that the Court modify child support commensurate with the parties’ incomes.  The court granted wife’s Petition.  Father appealed.

The Court of Appeals reversed the trial court on the issue of the past due debt because it should have been dealt with in the 2005 modification.  The Court further reversed on the issue of extracurricular expenses and found that they are not the type of expenses that are required to be equally divided but must be budgeted for with child support or separate agreements to share those costs can be made.

As to child support the Court affirmed the lower court because the issue was not properly preserved by Father.

Full opinion available at:  http://www.utcourts.gov/opinions/appopin/davis090911.pdf