This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- The case involves a dissolution of marriage between the Petitioner and the Respondent, which included the division and distribution of assets and the awarding of spousal support. The Respondent challenged the final decree and order on several grounds, including the calculation of the Petitioner's monthly rent and propane obligations, the valuation and division of his sick leave, the award of arrears associated with his interim support obligations, and the propriety of the interim spousal support award.
Procedural History
- [Not applicable or not found]
Parties' Submissions
- Petitioner-Appellee: Sought dissolution of marriage, division of assets, and spousal support. In a responsive memorandum, wished for an increase in the awards of arrears and spousal support but did not file a notice of appeal or cross-appeal for these matters.
- Respondent-Appellant: Challenged the district court’s calculation of Petitioner’s monthly rent and propane obligations, the valuation and division of his sick leave, the award of arrears associated with his interim support obligations, and the award of interim spousal support to Petitioner.
Legal Issues
- Whether the district court erred in its calculation of the Petitioner’s monthly rent and propane obligations.
- Whether the district court erred in valuing and dividing the Respondent's sick leave.
- Whether the district court erred in awarding arrears associated with the Respondent's interim support obligations.
- Whether the district court erred in awarding interim spousal support to the Petitioner.
Disposition
- The Court of Appeals affirmed the final decree and order granting dissolution of marriage, dividing and distributing assets, and awarding spousal support.
Reasons
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Per MICHAEL D. BUSTAMANTE, J. (JONATHAN B. SUTIN, J., and MICHAEL E. VIGIL, J., concurring):The court found that mathematical exactness was not required for the apportionment in domestic relations cases, thus rejecting the Respondent's challenge to the calculation of the Petitioner’s monthly rent and propane obligations (para 4). The court also supported the district court's approach to valuing and dividing the Respondent's sick leave, aligning with precedent that accrued sick leave is subject to equitable distribution upon dissolution of marriage (para 5). Regarding the award of arrears associated with the Respondent's interim support obligations, the court noted that the district court was under no obligation to treat financial assistance received by the Petitioner from her father as income, as it was presented as a loan (para 6). Finally, the court found substantial evidence supporting the award of interim spousal support to the Petitioner, including her testimony regarding her future employment status and the hardship to the Respondent was not sufficient to render the award improper (paras 7-8). The court concluded that the district court considered the relevant circumstances, applied the correct law, and reached a decision based on the law and the facts, thus affirming the decree and order (para 9).
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