CourtListener 10319900•Marriage of Parkhurst
Texte intégral
23CA1940 Marriage of Parkhurst 01-23-2025
COLORADO COURT OF APPEALS
Court of Appeals No. 23CA1940
Douglas County District Court No. 22DR30412
Honorable Charles M. Pratt, Judge
In re the Marriage of
Pamela S. Parkhurst,
Appellee,
and
Gary L. Parkhurst,
Appellant.
JUDGMENT REVERSED IN PART AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE PAWAR
Harris and Grove, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced January 23, 2025
Faegre Drinker Biddle & Reath, LLP, Mechelle Y. Faulk, Denver, Colorado, for
Appellee
Law Office of Alexandra White, PC, Michael L. Cheroutes, Jr., Centennial,
Colorado, for Appellant
¶1 Gary L. Parkhurst (husband) appeals the maintenance award
entered in connection with the dissolution of his marriage to Pamela
S. Parkhurst (wife). We conclude that the district court erred by
failing to make some of the statutorily required findings in awarding
maintenance. We therefore reverse the maintenance award and
remand for further proceedings.
I. Background
¶2 Husband and wife married in 2005 and since at least 2017
ran a real estate business together in Colorado. Wife filed the
petition for dissolution of the marriage in June 2022. Shortly
thereafter, she moved to Mexico. After a hearing, the district court
dissolved the parties’ marriage and entered permanent orders. At
the permanent orders hearing in 2023, wife testified that she had
obtained her real estate license in Mexico and a job with a real
estate firm.
¶3 The permanent orders included an award of maintenance to
wife. Husband argues that this award was error for various
reasons, including that the court failed to make multiple findings
required by statute. We agree.
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II. Maintenance
¶4 We review a district court’s maintenance award for an abuse of
discretion. In re Marriage of Tooker, 2019 COA 83, ¶ 12. A court
abuses its discretion if it awards maintenance without making
statutorily required findings. See In re Marriage of Wright, 2020
COA 11, ¶¶ 19, 23.
¶5 Section 14-10-114(3), C.R.S. 2024, sets out the process courts
must follow and the findings they must make when considering a
maintenance request. In the first step,
the court shall make initial written or oral
findings concerning:
(A) The amount of each party’s gross income;
(B) The marital property apportioned to each
party;
(C) The financial resources of each party,
including but not limited to the actual or
potential income from separate or marital
property;
(D) Reasonable financial need as established
during the marriage; and
(E) Whether maintenance awarded pursuant to
this section would be deductible for federal
income tax purposes by the payor and taxable
income to the recipient.
2
§ 14-10-114(3)(a)(I).
¶6 We agree with husband that the district court abused its
discretion by failing to make any findings that satisfied the last two
of these requirements. The court explained that wife had income of
$5,400 per month from various assets and that husband’s income
from his real estate business was $18,000 per month. The court
then implied that wife did not have any income from employment,
stating that her sworn financial statement listed income primarily
from the real estate business she had left behind in Colorado.
Without making any additional relevant findings, the court awarded
wife $2,970 per month in maintenance for nine years.
¶7 We are aware of no written or oral findings about wife’s
reasonable financial need or the federal tax implications of a
maintenance award. The court referenced wife’s sworn financial
statement only in discussing her income, not her expenses that
would demonstrate her reasonable financial need. And to the
extent that document contains a statement of wife’s expenses, they
are expenses from when she lived in Colorado and therefore shed no
light on her reasonable financial need once she moved to Mexico.
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¶8 Because the district court failed to make the required findings
set out in section 14-10-114(3)(a)(I)(D) and (E), we must reverse the
maintenance award. In doing so, we need not address husband’s
additional challenges to the award. Maintenance is based on the
parties’ financial circumstances at the time the order is entered, so
the court’s maintenance determination on remand will be based on
the parties’ current circumstances. See Wright, ¶ 24. Accordingly,
any further argument about what the court got right or wrong
about the parties’ financial circumstances at the time of permanent
orders in 2023 is effectively moot.
¶9 Because it may arise on remand, we also remind the court
that although specific factual findings on every factor listed in
section 14-10-114(3)(c) are not required, the court must
nevertheless “make sufficiently explicit findings of fact to give the
appellate court a clear understanding of the basis of its order.” In
re Marriage of Gibbs, 2019 COA 104, ¶ 9. A generalized statement
that it considered the statutory factors is insufficient. See Wright, ¶
20.
¶ 10 Finally, because we reverse the maintenance award, we reject
wife’s request for attorney fees and costs incurred in this appeal.
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III. Disposition
¶ 11 The portion of the judgment regarding maintenance is
reversed, and the case is remanded to the district court for further
proceedings consistent with this opinion.
JUDGE HARRIS and JUDGE GROVE concur.
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