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McAdam v. McAdam

Supreme Court of Wyoming

October 3, 2014

SHEILA RENEE MCADAM, Appellant (Plaintiff),
v.
DOUGLAS RAYMOND MCADAM, Appellee (Defendant)

Page 467

Appeal from the District Court of Natrona County. The Honorable Catherine E. Wilking Judge.

For Appellant: Devon P. O'Connell and Dustin J. Richards of Pence and MacMillan LLC, Laramie, Wyoming.

For Appellee: Richard H. Peek, Casper, Wyoming.

Before BURKE, C.J., and HILL, KITE[*], DAVIS, and FOX, JJ.

OPINION

Page 468

KITE, Justice.

[¶1] Shelia Renee McAdam (Wife) and Douglas Raymond McAdam (Husband) were divorced by stipulated decree. Both parties later claimed the other party was in contempt for failing to list the marital residence for sale as required by the decree. Wife also claimed Husband was in contempt for failing to transfer half of his investment accounts and stock options to her.

[¶2] The district court found both parties in contempt with regard to the listing and sale of the home and again ordered it listed by a specified date. If it sold, the district court ordered the parties to share any profit or loss; if it did not sell, the court ordered Wife to pay one-half of the mortgage payment. The district court concluded Husband had not willfully violated the decree with regard to the investment account and stock options but ordered him to transfer an investment account and three stock options to Wife. The district court further ordered the parties to bear their own fees and costs resulting from the post-divorce contempt proceedings.

[¶3] On appeal, Wife claims the district court improperly modified the stipulated divorce decree when it ordered her to share any loss on the home or, if it did not sell, pay one-half of the mortgage payment until it did sell. She also contends the district court erred in not ordering Husband to pay her fees and costs after he violated the decree by failing to transfer the investment accounts and stock options. We conclude the district court properly exercised its discretion and affirm.

ISSUES

[¶4] Wife asserts the district court improperly modified the divorce decree contrary to the doctrine of res judicata by: 1) ordering the parties to share in any loss on the marital home if it sold; 2) ordering her to pay one-half of the mortgage payments if the home did not sell; and 3) failing to award her attorney fees and costs resulting from Husband's failure to transfer the investment accounts and stock options. Husband asserts no error occurred.

FACTS

[¶5] Wife and Husband were divorced pursuant to a stipulated decree on May 9, 2011. The parties agreed to list the marital

Page 469

residence in Gillette, Wyoming for sale with a licensed realtor within thirty days after entry of the decree. They further agreed to cooperate with the realtor and comply with reasonable requests associated with selling the residence. The stipulated decree provided that written consent of both parties was required for acceptance or countering any offer to purchase the home. They agreed that after sale of the home, they would equally divide ...


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