Shirlene Ostermiller nka Shirlene Shaw v. Dave G. Ostermiller

Summary

The Utah Supreme Court reviewed cross-petitions arising from a divorce proceeding involving retroactive alimony, rental proceeds from marital property, and retroactive child support. The court held that the district court could award retroactive alimony for the period before the wife's remarriage because the issue had been expressly reserved, affirmed the refusal to award rental proceeds due to inadequate marshaling of evidence, and remanded the child-support issue for further consideration.

Holdings

1. A district court may award retroactive alimony for a period before the recipient spouse's remarriage when the alimony issue was specifically and continually reserved throughout the divorce proceedings.
2. The court of appeals properly declined to address Shirlene's challenge to the district court's factual finding concerning the use of rental proceeds because she failed to marshal the evidence supporting and undermining that finding.
3. The court of appeals erred by presuming the regularity of the proceedings and declining to reach David's retroactive-child-support claim because he did not provide a transcript of the December 17, 2003 proceeding.

Questions Presented

1. Whether the district court could award retroactive alimony for the period before Shirlene's remarriage when the alimony issue had been specifically and continually reserved throughout the divorce proceedings.
2. Whether the court of appeals properly declined to address Shirlene's challenge to the denial of her claim for a share of rental proceeds because she failed to marshal the evidence supporting the district court's factual finding.
3. Whether the court of appeals properly presumed the regularity of the proceedings and declined to reach David's retroactive-child-support claim because he did not provide a transcript of the December 17, 2003 proceeding.

Disposition

reversed_and_remanded