Breitenstine v. Breitenstine

Supreme Court of Wyoming · Family Law

Family LawAttorney's FeesEnforcement of Divorce Decreesdivorcepost-decree enforcementattorney's feescostscollection of judgment

Facts

The district court's 2001 divorce judgment awarded Wife child support, alimony, and a substantial share of the marital estate, and it found that Husband had fraudulently secreted assets beyond the court's jurisdiction, including in the Bahamas. Husband continued to fail to comply with the judgment, forcing Wife to pursue collection efforts in the Bahamas and several states, including garnishments and related litigation. In 2005, after Wife submitted an accounting, itemized bills, and an attorney affidavit attesting to reasonableness, the district court found that Husband's continued noncompliance forced Wife to incur an additional $196,930.17 in attorney's fees and costs and awarded that amount.

Issue

Does Wyo. Stat. Ann. § 20-2-111 authorize a district court to award attorney's fees and costs incurred after entry of a divorce judgment when one party is attempting to enforce that judgment against the other? If so, did Husband show that the district court abused its discretion in finding Wife's requested fees and costs reasonable?

Rule

Under Wyo. Stat. Ann. § 20-2-111, as previously interpreted by the Wyoming Supreme Court, a court may in its discretion award attorney's fees and costs not only in original divorce actions but also in proceedings to modify or enforce divorce decrees. A party seeking fees must demonstrate reasonableness with evidence such as itemized bills, and on appeal the challenger bears the burden of showing the trial court abused its discretion.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

A divorce decree entered in Wyoming ordered Evan Mercer to pay Dana Mercer monthly alimony and a lump-sum property equalization payment. Two years later, after Evan ignored the decree, Dana hired counsel in Arizona to garnish a brokerage account and then asked the Wyoming court for attorney's fees and costs incurred in that collection effort.

Under the majority rule, how should the Wyoming court rule on Dana's request?

Explanation. The majority interpreted § 20-2-111 to authorize discretionary attorney's fee awards not only in the original divorce action but also in continuing litigation to modify or enforce divorce decrees. That includes post-decree efforts undertaken to collect amounts due under the decree, even when those efforts occur outside Wyoming. The existence of enforcement activity in Arizona does not remove the matter from the statute.