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settlementattorneytrialtestimonywilldivorcechild custody
contractattorneyappealtrialwilldivorcechild custody

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In re Marriage of Rolfe, 216 Mont. 39, 699 P.2d 79

Facts

Beverly Rolfe and Oliver Rolfe were married in 1968 and divorced in 1983, having two sons aged 14 and 10. The husband, a tenured professor, earned $28,484 annually, while the wife, a homemaker, earned between $1,000 and $2,000 a year. The couple contested child custody, with both claiming the other was unfit, leading to extensive testimony and evidence presented in court. The trial court ultimately awarded custody to the father, while the division of marital assets was heavily disputed.

Beverly Rolfe (hereinafter wife) and Oliver Rolfe (hereinafter husband) were married in 1968 and divorced in 1983. They have two sons, a 14 year old and a 10 year old. The husband, 46 years old and in good physical health, is a tenured professor at the University of Montana earning $28,484 as a full professor under contract for ten months. He has a Ph.D. in Romance Linguistics, has taught at the University since 1970, and intends to continue. The wife, 46 years old and in good health except for periodic blackouts for which she takes medication, was a homemaker throughout the marriage. She did typing and occasional odd jobs, earning $1,000 to $2,000 a year during the marriage.

Issue

The main legal issues included whether the trial court erred in awarding child custody to the father, improperly valuing marital assets, limiting maintenance to the wife for one year, and the ethical considerations regarding the role of the attorney appointed for the children.

The wife raises five issues on appeal: error in awarding child custody to the father, error in distributing property of the marital estate, error in awarding her maintenance for only one year, error in refusing to award attorneys fees, and error in determining the husband was not responsible for child support payments already incurred.

Rule

The court applied the standard of review for child custody and property distribution, emphasizing that the trial court has broad discretion in these matters, which will not be overturned unless there is clear abuse of discretion.

As this Court has iterated many times, the trial judge in a divorce proceeding is in a better position than this Court to resolve child custody. The district court's decision is presumed correct and will be upheld unless clear abuse of discretion is shown.

Analysis

The Supreme Court found that the trial court had abused its discretion in several aspects, including the valuation of marital assets and the distribution of income-producing versus nonincome-producing assets. The court noted that the trial court's findings did not adequately support its decisions, particularly regarding the wife's earning potential and the limited duration of maintenance awarded. The court emphasized that the best interests of the children were paramount in custody decisions, but the trial court's reasoning was flawed in its application of the law.

Applying this standard, the District Court abused its discretion and we find four substantial injustices: the husband's values, while not adopted absolutely verbatim, were almost always accepted without explanation even though the record indicates some of the husband's values are questionable; as her share of the marital estate the wife received household goods with inflated values while the husband received income producing property such as stocks and an annuity; non-income producing property brought into the marriage 15 years ago was 'deducted from the division of property' resulting in an inequitable and unworkable property division; and, various 'credits'—payments on real property, withdrawals from checking accounts, child support—appeared as distributions of property but it is unclear what a 'credit' is in this context.

Conclusion

The Supreme Court reversed the trial court's decisions regarding property settlement and maintenance, while affirming the custody award to the father. The case was remanded for further proceedings consistent with the court's opinion.

Reversed and remanded.

Who won?

The prevailing party was the husband, as the court upheld the custody award to him while reversing the trial court's decisions on property and maintenance, indicating that the trial court had made significant errors in its judgment.

The prevailing party was the husband, as the court upheld the custody award to him while reversing the trial court's decisions on property and maintenance.

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