Opinion
No. 2011AP2672.
2013-09-24
In re the marriage of Greg S. VANDERHEIDEN, Petitioner–Respondent–Cross–Appellant, v. Huynh Bich VANDERHEIDEN, Respondent–Appellant–Cross–Respondent.
When asked whether she knew what Huynh spent the money from the joint account on, Trinh responded, “Food.... The house, the basement or something like that, fix the basement or something like that. I never questioned her.” Trinh also stated, “I don't pay attention. I say, do whatever you needed. Just cash out, do whatever.” Trinh explained she allowed Huynh to withdraw money from the joint account because Huynh and Greg were family and she wanted to help them. She did not testify to any formal agreement with Huynh and Greg for repayment of the money, and Huynh did not produce any receipt or other document suggesting a formal agreement. When asked about repayment of the money, Trinh merely testified: On this record, the court's finding that the money Trinh gave Huynh and Greg was a gift, rather than a loan, is not clearly erroneous. The court properly exercised its discretion by refusing to give Huynh a credit for that money.