Opinion
Richard L. Whitworth, Wheat Ridge, for plaintiff-appellee.
Myers & Woodford, Fred Myers, Wheat Ridge, for defendant-appellant.
COYTE, Judge.
Plaintiff (wife) and defendant (husband) were married in 1964. One child was born as the issue of this marriage. A divorce was granted to plaintiff in February 1971, and custody of the child was awarded to plaintiff subject to reasonable visitation rights by the defendant. Following a subsequent hearing on property rights, the court entered an order dividing the property of the parties, clarifying the visitation rights of the defendant, awarding permanent child support of $100 a month, and ordering the defendant to pay the sum of $500 toward plaintiff's attorney's fees. The court further found that the defendant was $200 in arrears in support money at that time. On appeal defendant urges that the court abused its discretion in entering the abovementioned orders.
We affirm the order of the trial court in regard to the division of property, the award of attorney's fees, and the provisions for child support and visitation, but reverse as to the finding that defendant was $200 in arrears.
Orders for division of property, child support, child visitation and payment of attorney's fees in divorce proceedings are matters resting within the sound discretion of the trial court. If the decision of the trial court is supported by competent evidence, it will not be disturbed on review. Hyde v. Hyde, 169 Colo. 403, 457 P.2d 393.
The assignments of error made by defendant are addressed to a claimed abuse of discretion on the part of the trial court. Our review of the record reveals that the orders of the trial court are supported by the evidence, and they are accordingly affirmed.
In accordance with a prior stipulation entered into in lieu of temporary orders, defendant was required to pay the plaintiff $100 on the 5th day and $100 on the 20th day of each month for the support of both the plaintiff and the child. The plaintiff had remarried on September 11, 1971. The defendant had failed to pay the $100 due on September 20, 1971, and had not made the payment due on the date of the hearing, October 5, 1971. The defendant objects to the finding by the court that he was $200 in arrears in support money at the time of the hearing. This finding, designated as an order, was made without request by the parties. The trial court failed to make any finding as to what portion of the $200 stipulated monthly payment was attributable to alimony, which finding is necessary to determine any arrearage owed by the defendant.
Judgment is reversed as to the $200 arrearage, and the cause is remanded for a determination of the amount that defendant is in arrears, if any. By brief and during oral argument this court has been advised that the division of property order of October 5, 1971, did not dispose of several items of personal property. The court is also directed on remand to conclude all other matters regarding property not heretofore settled.
SILVERSTEIN, C.J., and ENOCH, J., concur.