JMH v. JCH
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Electronically Filed Intermediate Court of Appeals CAAP-16-0000831 25-NOV-2019 03:31 PM NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER Therefore, the amount of the credit due [to Mother] for [Father's] dissipation of marital assets is $51,682.00, fifty percent (50%) of the total amount, which is the sum of the following: (1) (2) (3) (4) Excessive traveling Wasted money on tickets to sporting events Computer games GI Bill benefits Total: X 50% $15,996.37 $9,075.52 $7,797.12 $70,495.00 $103,364.10 $51,682.00 COL 6 Extra-Curricular Activities. [Mother] shall keep [Father] informed of the children 1 s extra-curricular activities so that [Father) may meaningful[ly] participate in the children's activities. [Father's] participation in the children's extra-curricular activities are [sic] in the best interest of the children. Any fees and costs incurred so that the children may participate in activities shall be shared equally by the parties. All of the foregoing shall be subject to the further order of the Family Court. COL 42 [. . • Equalization of Property Division .l Plaintiff is entitled to the following credit: [ . . .l Credit For Dissipation of Marital Estate $51,682.00 The Family Court's COL 43(2), also relevant to the instant appeal, is identical to FOF 40. II. Standards of Review A. Family Court Decisions Generally, the family court possesses wide discretion in making its decisions and those decisions will not be set aside unless there is a manifest abuse of discretion. Thus, we will not disturb the family court's decision on appeal unless the family court disregarded rules or principles of law or practice to the substantial detriment of a party litigant and its decision clearly exceeded the bounds of reason. Kakinami v. Kakinami, 127 Hawai'i 126, 136, 276 P.3d 695, 705 (2012) (quoting Fisher v. Fisher, 111 Hawai'i 41, 46, 137 P.3d 355, 360 (2006)' (citation omitted)). 5 NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER Similar to Jacoby, COL 6 in this case neither specifies the extracurricular activities intended to be included,' nor explains why such costs could not be adequately covered by child support or the parties' other resources. Based on the foregoing, we conclude that the Family Court erred in entering COL 6 to the extent it states "[a]ny fees and costs incurred so that the children may participate in activities shall be shared equally by the parties.'' The parties may address this issue further on remand. IV. Conclusion The Family Court of the First Circuit's November 2, 2016 "Decree Granting Absolute Divorce and Awarding Child Custody" is vacated, in part, with regard to marital waste and the apportionment of extracurricular activities costs. The case is remanded for further proceedings consistent with this Memorandum Opinion. DATED : Honolulu, Hawai'i, November 25, 2019. ""'L,.!::i h.--x --Chief Judge'J II, On the briefs: ' Rebecca A. Copeland, for Defendant-Appellant. Ronald P. Tongg, for Plaintiff-Appellee. 4 Mother 1 s written closing arguments list bowling, volleyball, dance, and gymnastics as the children's current extracurricular activities, and three of her exhibits admitted at trial contain receipts pertaining to some of these activities. However, Mother's written closing argument that "[p]articipation in extra-curricular activities is in the best interests of both children such that the parties should share equally in the cost thereof" does not preclude the possibility of participation in other unspecified activities. 11
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