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Weiner v. Weiner

Citations: 605 A.2d 18; 1992 D.C. App. LEXIS 74; 1992 WL 51836Docket: 90-1574

Court: District of Columbia Court of Appeals; March 17, 1992; District Of Columbia; State Supreme Court

Narrative Opinion Summary

In this divorce case, the appellant contested the trial court's decisions regarding alimony, child support, and marital property distribution. The trial court granted joint custody of the couple's three children, ordered a monthly child support payment of $2,372 by the husband, and awarded the wife ownership of the marital home and an automobile. Despite the wife's unemployment and financial hardships, the court denied alimony, citing her education and potential for employment, alongside the husband's financial responsibilities. The appellate court affirmed these decisions, finding substantial evidence supported the trial court's rulings. The wife's appeal concerning property distribution was dismissed due to her failure to raise the issue at trial. Under the Child Support Guideline, the court found no abuse of discretion in the child support award, which accurately reflected the financial circumstances of both parents. The case underscores the importance of presenting all claims at the trial level and demonstrates the appellate court's reliance on the trial court's discretion and evidentiary findings in family law disputes.

Legal Issues Addressed

Appellate Review Standard

Application: Substantial evidence supported the trial court's decisions on alimony and child support, leading to an affirmation by the appellate court.

Reasoning: In divorce actions, appellate review is limited to assessing whether substantial evidence supports the trial court's findings. If substantial evidence exists, the appellate court must affirm the trial court's decision.

Application of Child Support Guidelines

Application: The trial court's child support award was affirmed as it fell within the discretion permitted by the Child Support Guideline, considering the children's financial obligations.

Reasoning: The wife acknowledges the trial court's discretion in applying the Guideline but argues for a three percent increase in the award based on the children's above-average needs.

Distribution of Marital Property

Application: The wife's appeal on property distribution was barred as she failed to raise the issue at trial, affirming the trial court's allocation of marital assets.

Reasoning: However, because she failed to raise this objection during the trial, her appeal on this issue is barred, as issues not preserved at trial are typically not considered on appeal, except in rare circumstances.

Termination of Parental Rights under Civil Code Section 232

Application: The appellate court upheld the trial court's decision not to award alimony, citing the wife's potential employability and the husband's financial obligations.

Reasoning: The trial court's findings indicate it properly evaluated these factors, noting the wife's good health and potential for employment, while also considering the husband's financial burden from living costs and visitation expenses.