Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rigdon v. Rigdon

Supreme Court of Wyoming

July 11, 2018

BRADLEY J. RIGDON, Appellant (Defendant),
v.
WENDY M. RIGDON, Appellee (Plaintiff).

          Appeal from the District Court of Fremont County The Honorable Norman E. Young, Judge

          Representing Appellant: Collin C. Hopkins, The Law Offices of Collin Hopkins, PC, Riverton Wyoming.

          Representing Appellee: Lisa Anne Kisling, Legal Aid of Wyoming, Inc., Lander, Wyoming.

          Before DAVIS, C.J., and BURKE [*] , FOX, KAUTZ and BOOMGAARDEN, JJ.

          BURKE, JUSTICE.

         [¶1] Appellant, Bradley J. Rigdon, challenges the district court's order holding him in contempt for failing to comply with the parties' divorce decree. We affirm.

         ISSUES

         [¶2] Mr. Rigdon presents two issues, which we rephrase:

1. Was Ms. Rigdon's contempt claim against Mr. Rigdon barred by res judicata?
2. Did the district court abuse its discretion by finding Mr. Rigdon in contempt for failing to comply with the divorce decree?

         FACTS

         [¶3] Ms. Rigdon filed for a divorce from Mr. Rigdon on December 7, 2015. Along with the filing of the complaint, Ms. Rigdon sought and obtained a temporary restraining order enjoining the parties from disposing of any property of the parties during the pendency of the divorce proceedings. Trial was held on April 3, 2017. Ms. Rigdon appeared personally, represented by counsel, and she was the only witness. Mr. Rigdon did not appear, but was represented by counsel, who cross-examined Ms. Rigdon. The district court took the matter under advisement and subsequently entered the "Decree of Divorce" on May 12, 2017. In the decree, Mr. Rigdon was ordered to pay monthly child support, to reimburse Ms. Rigdon for a tax debt, and to transfer to Ms. Rigdon a "silver coin collection" and "all of the investment gold and/or silver" in his possession. Mr. Rigdon filed a notice of appeal challenging the property distribution, but later withdrew his appeal.

         [¶4] On June 12, 2017, Ms. Rigdon filed a "Motion for an Order to Show Cause," seeking an order requiring Mr. Rigdon to show cause why he should not be held in contempt for violating the divorce decree by failing to pay child support, pay the tax reimbursement, and transfer the gold and silver. Mr. Rigdon responded by filing an answer, in which he asserted that he was current on his child support payments, but his payments were not properly credited because he paid Ms. Rigdon directly rather than through the State's child support system. He further asserted that he was "trying to gather the money" to pay the tax reimbursement, and denied that his lack of payment was willful. He also asserted that the "silver has been delivered. There is no gold."[1] Two days prior to the hearing, Mr. Rigdon filed an "Admission of Nonpayment, Acceptance of Finding of Contempt, Motion for Opportunity to Purge Contempt Finding and Motion to Vacate Hearing." In this pleading, he admitted he was "technically in contempt" for being behind on child support payments and failing to pay the tax reimbursement. He claimed that he had returned the silver to Ms. Rigdon and, once again asserted that "there never was any gold." On that same day, he also filed an affidavit stating that "there is no gold." There was no certificate of service attached to the affidavit. In his admission, Mr. Rigdon sought a continuance of the scheduled hearing and an opportunity to purge any finding of contempt.

         [¶5] Mr. Rigdon's efforts to delay the hearing were unsuccessful and the matter proceeded to hearing. Again, Mr. Rigdon did not appear, but was represented by counsel. Ms. Rigdon was the only witness.

         [¶6] Following the hearing, the district court entered a "Judgment and Order Finding Defendant in Contempt of Court." It found Mr. Rigdon in contempt for failing to pay child support, failing to pay the tax reimbursement, and "failing to turn over any and all investment gold and/or silver." The district court also provided Mr. Rigdon the opportunity to purge himself of contempt by paying the arrearage in child support and the tax reimbursement by September 11, 2017. The court ordered Mr. Rigdon to turn over the investment gold and silver to Ms. Rigdon within ten days. "In lieu thereof," the court ordered, "[Mr. Rigdon] shall personally appear before this Court ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.