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Kamm v. Kamm

Supreme Court of Wyoming

January 21, 2016

TRACEY KAMM, Appellant (Plaintiff),
v.
JASON KAMM, Appellee (Defendant)

Appeal from the District Court of Laramie County. The Honorable Steven K. Sharpe, Judge.

For Appellant: Donna D. Domonkos of Domonkos Law Office, LLC, Cheyenne, WY.

For Appellee: Linda J. Steiner and Abigail E. Fournier of Steiner Law, LLC, Cheyenne, WY.

Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.

OPINION

Page 780

HILL, Justice.

[¶1] Tracey Kamm appeals the district court's alimony decision, claiming that to deny her alimony was an abuse of the court's discretion. We will affirm the district court.

ISSUE

[¶2] Tracy Kamm presents one issue for our review:

The district court abused its discretion when it denied [her] request for alimony.

STANDARD OF REVIEW

[¶3] We review the district court's decision on alimony for abuse of discretion:

There are few rules more firmly established in our jurisprudence than the proposition that disposition of marital property, calculation of income for child support purposes, and the granting of alimony are committed to the sound discretion of the district court. Johnson v. Johnson, 11 P.3d 948, 950 (Wyo. 2000). Judicial discretion

Page 781

is a composite of many things, among which are conclusions drawn from objective criteria; it means exercising sound judgment with regard to what is right under the circumstances and without doing so arbitrarily or capriciously. Id.; Vaughn v. State, 962 P.2d 149, 151 (Wyo. 1998). We must ask ourselves whether the trial court could reasonably conclude as it did and whether any facet of its ruling was arbitrary or capricious. Johnson, 11 P.3d at 950. In accomplishing our review, we consider only the evidence in favor of the successful party, ignore the evidence of the unsuccessful party, and grant to the successful party every reasonable inference that can be drawn from the record. Id.
Opitz v. Opitz, 2007 WY 207, ¶ 7, 173 P.3d 405, 407-408 (Wyo. 2007) (quoting Belless v. Belless, 2001 WY 41, ¶ 6, 21 ...

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