A.P. v. S.B.

Summary

The Hawaiʻi Intermediate Court of Appeals reviews a divorce proceeding involving temporary spousal support, child support, and division of marital property. The court concludes that the Family Court acted within its discretion in considering prior trust distributions as financial resources, imputing income for child-support purposes, and applying the Partnership Model Division. The appeal is affirmed.

Holdings

1. The Family Court did not impute the corpus or value of either trust to A.P. and acted within its discretion by considering her former regular and consistent trust distributions as part of her financial resources for temporary spousal support.
2. The Family Court acted within its discretion by calculating temporary spousal support using one-half of the parties' monthly marital-property savings, together with S.B.'s monthly shortfall, to maintain the marital standard of living.
3. The Family Court acted within its discretion by including A.P.'s former trust distributions and S.B.'s temporary spousal-support payments in the parties' child-support income calculations and by applying the 2020 Child Support Guidelines.
4. A.P. was not entitled to Category 1 credits for her premarital Roth IRA and brokerage account because the evidence supported the Family Court's determination that the accounts remained marital separate property rather than becoming marital partnership property.
5. A.P. was not entitled to Category 3 credits for the life-insurance payment and gifts or inheritances because the evidence supported the determination that those assets remained marital separate property and did not become marital partnership property.
6. The Family Court properly reduced A.P.'s equalization payment because its findings established valid and relevant considerations supporting an equitable deviation from the marital Partnership Model Division.

Questions Presented

1. Whether the Family Court improperly treated trust assets or prior trust distributions as A.P.'s financial resources when awarding temporary spousal support.
2. Whether the temporary spousal support award improperly exceeded S.B.'s demonstrated needs or otherwise abused the Family Court's discretion.
3. Whether the Family Court properly included trust distributions and temporary spousal support in calculating child support under the 2020 Hawaiʻi Child Support Guidelines.
4. Whether A.P. was entitled to Category 1 credits for premarital accounts that remained marital separate property.
5. Whether A.P. was entitled to Category 3 credits for gifts, inheritances, and an insurance payment that remained marital separate property.
6. Whether the Family Court properly reduced A.P.'s equalization payment based on valid and relevant considerations justifying deviation from the marital Partnership Model Division.

Disposition

affirmed