CourtListener 10285686•Marriage of Propst
Full text
23CA2155 Marriage of Propst 11-27-2024
COLORADO COURT OF APPEALS
Court of Appeals No. 23CA2155
Arapahoe County District Court No. 16DR924
Honorable Michelle Jones, Judge
In re the Marriage of
Chad Alan Propst,
Appellee,
and
Courtney Ann Propst,
Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE SCHUTZ
Tow and Pawar, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced November 27, 2024
The W Law, Carolyn C. Witkus, Jon Eric Stuebner, Denver, Colorado for
Appellee
West Group Law & Policy, Suzanne M. Taheri, Englewood, Colorado, for
Appellant
¶1 In this post-dissolution of marriage proceeding between
Courtney Ann Propst and Chad Alan Propst, Courtney1 appeals the
district court’s order that adopted the magistrate’s order
terminating spousal maintenance. We affirm.
I. Background and Procedural History
¶2 The eleven-year marriage between Courtney and Chad was
dissolved in 2018. They have three children together. While
married, Chad worked in the insurance industry and earned
around $500,000 per year. Courtney worked as a stay-at-home
parent for most of the marriage. She previously worked as a
pharmaceutical sales representative and earned approximately
$80,000 per year.
¶3 As a part of the stipulation to dissolve their marriage, the
parties entered into a memorandum of understanding in which
Chad agreed to pay Courtney $11,500 per month in spousal
maintenance for five years. The stipulation also resolved a separate
civil action Chad had brought against Courtney in 2017 for
1 Because Courtney and Chad share the same last name, we refer to
them by their first name to avoid confusion. We mean no
disrespect by doing so.
1
defamation, after learning that she had publicly accused him of
multiple crimes, including sexually abusing their children and
participating in a sex trafficking ring. The parties agreed to dismiss
all civil claims and counterclaims with prejudice, and the court
permanently enjoined Courtney from discussing the basis of the
allegations in the defamation suit.
¶4 The Arapahoe County Department of Human Services (the
department) filed two different dependency and neglect actions
related to their children. The first action was initiated during the
marital dissolution proceedings and was dismissed after a trial.
The second action was opened shortly after the marriage’s
dissolution was final.
¶5 In 2019, the juvenile court adjudicated the children dependent
or neglected as to Courtney and terminated her parental rights.
The court dismissed the dependency and neglect claim as to Chad
and awarded him sole custody of the children. The court also
issued a permanent protective order against Courtney that required
her to remove defamatory internet postings about Chad and
prohibited her from publishing similar information about him and
the children.
2
¶6 In 2019, Courtney moved for an award of permanent
maintenance alleging that she was unable to work because of
several medical ailments including post-traumatic stress disorder
and skin cancer diagnoses. The magistrate denied her motion after
noting that the juvenile court had previously found that she did not
meet the criteria for either medical condition.
¶7 In May 2020, Chad filed a contempt motion against Courtney
after she once again publicly accused him of sexually abusing the
children. Chad responded by filing a second defamation lawsuit.
The court found Courtney in contempt for violating the permanent
injunction and sentenced her to five months in jail.
¶8 While she was serving her sentence, Courtney continued
making defamatory statements about Chad. The department
subsequently filed three additional contempt actions against
Courtney for violations of the permanent protection order. After
finding her in contempt in each action, the court sentenced her to
multiple consecutive six-month jail terms.
¶9 Courtney failed to file an answer or otherwise respond to the
second defamation action, and the district court entered judgment
against her in the amount of $1.75 million. In November 2020,
3
Chad moved to reduce or terminate the spousal maintenance award
on the bases that (1) his financial circumstances significantly
changed because of substantial attorney fees associated with the
continuous litigation; (2) Courtney’s defamatory statements caused
him to lose business opportunities that reduced his income;
(3) Courtney’s financial needs had decreased because of her
incarceration; and (4) he was now the children’s sole financial
provider.
¶ 10 On April 6, 2021, the magistrate entered an order terminating
spousal maintenance. The magistrate found that Courtney’s
conduct — namely, her continued noncompliance with court orders
and filing of a “substantially vexatious” spousal maintenance
motion — caused Chad to incur approximately $700,000 in legal
costs and that there was a continuing and substantial change in
circumstances that rendered the original maintenance award
unfair.
¶ 11 Courtney appealed the magistrate’s order to the district court.
The district court adopted the magistrate’s findings regarding
whether there was a substantial and continuing change that
justified the modification of the original maintenance award but
4
remanded the matter for further findings regarding the parties’
current financial circumstances and their ability to earn a living.
Neither party appealed this order.
¶ 12 In July 2023, the magistrate terminated Courtney’s spousal
maintenance after making the following additional findings:
• Chad’s bank statements supported his contention that he
lacked the ability to continue paying spousal
maintenance.
• Chad incurred over $500,000 in attorney fees related to
the dependency and neglect, defamation, and contempt
actions.
• Courtney’s financial circumstances had changed because
of her incarceration and the termination of her parental
rights.
• Chad was solely responsible for the children’s expenses
including significant therapy costs.
• Courtney’s testimony regarding her alleged expenses and
debts was not credible.
• Courtney had approximately $260,000 in her bank
account.
5
• Due to her incarceration, Courtney had limited financial
needs and living expenses.
• Courtney previously earned approximately $80,000 per
year as a pharmaceutical representative and should be
able to work productively upon her release.
¶ 13 Courtney timely sought district court review of the
magistrate’s second order. The district court reiterated that
because it had previously adopted the magistrate’s finding that
there were changed circumstances sufficient to warrant
modification, the only issue on remand was what maintenance
amount, if any, was appropriate based on the parties’ current
financial circumstances and ability to earn a living.
¶ 14 After thoroughly reviewing the magistrate’s remand order, the
district court found that the additional findings related to Chad and
Courtney’s current financial circumstances and ability to make a
living justified the decision to terminate spousal maintenance.
Courtney appeals the district court’s order.
6
II. Spousal Maintenance Modification
¶ 15 Courtney argues that the district court erred by concluding
the magistrate did not abuse his discretion by terminating spousal
maintenance. We disagree.
A. Standard of Review and Preservation
¶ 16 Spousal maintenance modification orders are reviewed for an
abuse of discretion. In re Marriage of Young, 2021 COA 96, ¶ 7. A
court abuses its discretion when its decision is manifestly arbitrary,
unreasonable, unfair, or misapplies the law. In re Marriage of
Nevedrova, 2024 COA 112, ¶ 6.
¶ 17 A district court reviewing a magistrate’s decision under C.R.M.
7(a) may not alter the magistrate’s factual findings unless they are
clearly erroneous. C.R.M. 7(a)(9); In re Marriage of Sheehan, 2022
COA 29, ¶ 22. Our review of the court’s decision is effectively a
second layer of appellate review, and, like the district court, we
must accept the magistrate’s factual findings unless there is no
record support for them. Id.
¶ 18 If a party seeks review of a decision to which the parties’
consent to the magistrate hearing the case was not required, any
appeal must be taken within twenty-one days of the date of the
7
written order (or within fourteen days if the parties were present for
the court’s ruling). C.R.M. 7(a)(1), (5). Parties who fail to seek
district court review of a final order within the applicable deadline
may not seek review of the order before this court. C.R.M. 7(a)(11).
¶ 19 After the briefs were filed in this appeal, another division of
this court concluded that a reviewing district court has no authority
to remand a case to the magistrate for additional findings. See In re
Marriage of Matheny, 2024 COA 81, ¶ 19. Instead, the district
court is required to conduct additional proceedings as necessary to
fully adjudicate the rights and liabilities of the parties. Id. at ¶ 22.
Neither party raised the issue addressed in Matheny, whether in
their principal briefs or through supplemental authority. In any
event, because we now have a definitive final order from the district
court, we do not address the propriety of the district court’s remand
order.
B. Spousal Maintenance Modifications
¶ 20 When evaluating an initial request for spousal maintenance, a
court must make findings concerning (1) the amount of each party’s
income; (2) the marital property assigned to each party; (3) the
parties’ financial resources; (4) reasonable financial need as
8
established during the marriage; and (5) federal tax implications for
both the payor and the recipient of the maintenance award. § 14-
10-114(3)(a)(I)(A)-(E), C.R.S. 2024. Maintenance awards must be
“in an amount and for a term that is fair and equitable to both
parties and shall be made without regard to marital misconduct.” §
14-10-114(2).
¶ 21 In contrast, to prevail on a motion to modify an existing
maintenance order, the moving party has the burden of showing
that there are changed circumstances that are “so substantial and
continuing as to make the terms unfair.” §14-10-122(1)(a), C.R.S.
2024. In evaluating whether to terminate or modify the
maintenance award, the court may consider the factors outlined in
section 14-10-114(3). § 14-10-114(5). But the primary focus in
such circumstances is the parties’ present financial circumstances
and ability to earn. Young, ¶ 37.
C. Application
¶ 22 Courtney essentially raises two challenges to the magistrate’s
findings. She argues first that the magistrate improperly focused
on her alleged culpability in causing Chad to incur significant debt
rather than focusing on her financial needs. Second, Courtney
9
contends that the magistrate failed to consider the pertinent factors
under section 14-10-114(3), particularly, her financial needs and
Chad’s substantial income. We address and reject each contention
in turn.
1. Culpable Behavior
¶ 23 The district court found that Chad incurred over $500,000 in
attorney fees related to the litigation of the defamation and
contempt actions and noted that Chad lost out on promotion
opportunities due to Courtney’s defamatory conduct. Because the
order acknowledges the correlation between Chad’s financial losses
and Courtney’s conduct, she argues that the magistrate improperly
based the termination of spousal maintenance on Courtney’s
perceived culpability. We disagree.
¶ 24 Although the district court considered the financial
consequences of the ongoing litigation, the order neither ascribes
blame to Courtney nor states that her behavior is the reason for
terminating the existing maintenance award. Rather, the district
court emphasized the magistrate’s findings to explain how, under
the present circumstances, Chad could not afford to continue
paying maintenance. Because neither the district court nor the
10
magistrate abused its discretion by acknowledging the financial
consequences of Courtney’s actions, Courtney’s argument fails.
2. Section 14-10-114(3) Factors
¶ 25 Courtney also argues that the district court erred by adopting
the magistrate’s order because the magistrate did not apply section
14-10-114(3)’s factors. Courtney is mistaken.
¶ 26 In Young, a division of this court held that when determining
whether to modify maintenance, a court may but is not required to
consider the statutory factors outlined in section 14-10-114(3).
Young, ¶ 12. And irrespective of whether the court considers the
section 14-10-114(3) factors, the parties’ present financial situation
and ability to earn are the central factors in determining whether
modification or termination of the existing maintenance award is
appropriate. Young, ¶ 37. Although we are not bound by the
division’s holding in Young, we see no reason to depart from it.
¶ 27 Thus, we reject Courtney’s argument that the district court
and the magistrate in this case erred by not considering all of the
section 14-10-114(3) factors. Consistent with the directive in
Young, the magistrate made extensive findings about the parties’
current financial circumstances and their ability to earn a living.
11
¶ 28 The magistrate found that Courtney had $260,000 in her bank
account and that her testimony regarding outstanding debts was
not credible. Furthermore, the magistrate concluded that
Courtney’s claims about her health were unfounded, and she
should be able to find gainful employment upon her release from
custody. Additionally, the magistrate noted that she was no longer
financially responsible for the children.
¶ 29 In comparison, the magistrate found persuasive Chad’s
evidence that he could not afford to continue paying maintenance.
The magistrate also found persuasive the evidence that Chad
presented concerning the children’s significant expenses, including
the extensive therapy needed to address their emotional distress
resulting from Courtney’s conduct. It was also undisputed that, at
the time of the hearing, Chad was the children’s sole provider.
¶ 30 Because there was record support for the magistrate’s finding
that Courtney could adequately support herself and that Chad’s
present financial situation had significantly deteriorated, the
district court did not error by concluding that the magistrate did
not abuse his discretion by terminating spousal maintenance.
12
III. Disposition
¶ 31 The district court’s order is affirmed.
JUDGE TOW and JUDGE PAWAR concur.
13
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.