Ransom v. Ransom

Ransom v. Ransom
1993 OK CIV APP 157
862 P.2d 89
64 OBJ 3378
Case Number: 79999
Decided: 09/28/1993

KATHERINE JEAN RANSOM, APPELLEE,
v.
GARY LEIGH RANSOM, APPELLANT.

Appeal from the District Court of Oklahoma County; William H. Henderson, Judge.

AFFIRMED.

Jon L. Hester, Oklahoma City, for appellant.
Raymond L. Vaughn, Jr., Edmond, for appellee.

OPINION

BAILEY, Judge

¶1 Gary Leigh Ransom (Husband) seeks review of the Trial Court's order modifying the parties' divorce decree, thereby increasing support alimony to Katherine Jean Ransom (Wife), and awarding Wife attorney fees. In this appeal, Husband contends (1) the "alimony" at issue constituted alimony in lieu of property division not subject to modification, (2) even if modifiable, the Trial Court lacked jurisdiction to modify and extend Husband's alimony obligation beyond the original term of payment, and (3) the Trial Court abused its discretion in awarding attorney fees to Wife.

¶2 The parties divorced in 1990 after a sixteen year marriage. The decree directed Husband to pay Wife $10,800.00, designated "support alimony," payable at the rate of $200.00 per month for the first twelve months and $700.00 per month for an additional twelve months.

¶3 In February 1992, Wife filed the instant motion to modify, requesting an increase in support alimony.

¶4 Husband first asserts the "support alimony" provision in the original decree of divorce constituted "a measure taken by the parties in a consent decree to equalize the division of property" and, as such, not subject to modification.

¶5 Alternatively, Husband argues the Trial Court's jurisdiction extended only to modification of installments accruing subsequent to the motion for modification of support alimony, citing 43 O.S. 1991 § 134 (E).

Except as otherwise provided in subsection D of this section, the provisions of any divorce decree pertaining to the payment of alimony as support may be modified upon proof of changed circumstances relating to the need for support or ability to support which are substantial and continuing so as to make the terms of the decree unreasonable to either party. Only those installments accruing subsequent to the motion for modification may be modified.

Husband asserts that at the time of hearing on Wife's motion to modify, only one installment remained outstanding, and thus, § 134 prohibited the Trial Court from ordering additional installments to be paid.

¶6 We disagree. That is, we hold § 134(E) allows modification of spousal support obligations on a showing of changed circumstances, but only proscribes retroactive modification of installments already paid. Under Husband's statutory analysis, the Trial Court had the authority to order one large installment but was without jurisdiction to order that sum payable in additional installments. Such a reading leads to an absurd result, violating this Court's mandate to adopt a construction which is the most reasonable.

¶7 Finally, Husband challenges the Trial Court's award of attorney fees to Wife.

¶8 The orders of the Trial Court granting Wife's motion to modify and application for attorney fees are therefore AFFIRMED.

¶9 HUNTER, P.J., concurs;

Footnotes:

1 Wife also requested increase in child support and a reallocation of tax deductions. Husband moved to modify custody of one or both of the parties' children. The parties resolved these issues by agreement before the lower court.

2 See, 43 O.S. 1991 § 134 (A).

3 See, Chamberlin v. Chamberlin, 720 P.2d 721, 723-724 (Okl. 1986); Eckel v. Adair, 698 P.2d 921, 925 (Okl. 1984).

4 We here note the Trial Court awarded Wife approximately one-half the support alimony requested in her motion to modify, with which amount Husband does not take issue. Nor does Husband challenge the Trial Court's determination of Wife's entitlement to modification of alimony pursuant to the requirements of 43 O.S. 1991 § 134 (E).

5 43 O.S. 1991 § 134 (E) (emphasis added).

6 LeFlore v. Reflections of Tulsa, Inc., 708 P.2d 1068 (Okl. 1985).

7 Wife was awarded approximately one-third of the attorney fees and costs requested.

8 Kissinger v. Kissinger, 692 P.2d 71 (Okl.App. 1984); Hester v. Hester, 663 P.2d 727 (Okl. 1983); Phillips v. Phillips, 556 P.2d 607 (Okl. 1976).

GARRETT, Judge, (dissents)

I agree with Husband that 43 O.S. 1991 § 134 (E) means what it says; "Only those installments accruing subsequent to the motion for modification may be modified." I would hold that additional payments cannot be added.