Lanser v Lanser [2003] GUSC 13; 2003 Guam 14 (3 July 2003)

IN THE SUPREME COURT OF GUAM

Michael J. Lanser
Plaintiff-Appellant,

v.

Susan R. Lanser
Defendant-Appellee

Supreme Court Case No.: CVA02-018
Superior Court Case No.: DM0826-97

OPINION

Filed: July 3, 2003

Cite as: 2003 Guam 14

Appeal from the Superior Court of Guam
Argued and Submitted April 8, 2003
Hagåtña, Guam

For Plaintiff-Appellant: Seaton M. Woodley, III, Esq. Ste. 102, Tanaka Bldg. Rte. 4 Hagåtña, Guam 96910

For Defendant-Appellee: Joaquin C. Arriola, Jr., Esq. Arriola, Cowan & Arriola 259 Martyr Street, Suite 201 P.O. Box X Hagåtña, Guam 96932

BEFORE: F. PHILIP CARBULLIDO, Chief Justice, BENJAMIN J.F. CRUZ and JOHN A. MANGLONA, Justices Pro Tempore.

CRUZ, J.:

[1] Plaintiff-Appellant Michael Jon Lanser (AMichael@) appeals from the Superior Court=s denial of his motion to modify child custody. Michael argues that in denying his request to alternate primary custody each school year, the trial court erred by failing to apply legislative policy favoring equal time with each parent and by considering the best interests of Defendant-Appellee Susan Rae Lanser (ASusan@), the children=s mother, rather than the best interests of the children. We hold that substantial evidence in the record supports the trial court=s decision and therefore affirm the denial of Michael=s motion.

[2] Michael also appeals the Superior Court=s grant of Susan=s motion to modify child support. Michael argues that the trial court abused its discretion in increasing child support from $3000 per month to $7000 per month without specific findings to support the increase. We agree and accordingly reverse and remand on this issue.

I.

[3] Michael and Susan were married on December 29, 1989. They have two minor sons, a twelve-year-old and a ten-year-old. In June of 1997, Susan and the children moved from Guam to Hawaii. Michael remained on Guam. Michael and Susan were divorced on Guam on September 19, 1997. They signed a settlement agreement providing for joint legal custody of the children. The settlement required Michael to pay $2,000 per month in spousal support for three years and to pay $3,000 per month in child support.

[4] The settlement specifically permitted Michael to visit the children for one weekend each month, but both parties understood that Michael would have liberal visitation rights. Michael visited the children in Hawaii several times. In July 2000, Susan and the children moved from Hawaii to Washington, where they currently live. Michael remained on Guam.

[5] On September 5, 2001, Michael filed a motion to revise visitation. In his motion, Michael requested that primary custody alternate between him and Susan each school year. At a hearing on November 23, 2001, the trial court ruled that Michael=s motion was for a change in custody rather than a modification of visitation.

[6] On March 6, 2002, the Superior Court issued a decision and order denying the motion to alternate custody on an annual basis but increasing Michael=s visitation to eight weeks out of the children=s ten weeks of summer vacation, Thanksgiving break, one week during the February school break, and alternating Christmas holidays and Spring breaks.

[7] Michael then filed a motion to reconsider the March 6 decision. On April 21, 2002, Susan filed a motion for child support modification. The trial court heard both motions on April 25, 2002. In a decision and order issued on July 31, 2002, the trial court denied Michael=s motion to reconsider and increased child support from $3,000 per month to $7,000 per month, retroactive to April 2002, the month that Susan filed for modification. Michael filed a notice of appeal on August 7, 2002.

II.

[8] This court has jurisdiction over appeals from child custody orders. See Flores v. Cruz, 1998 Guam 30, & 8. We review child custody matters keeping in mind the best interests of the children. Id. This court also has jurisdiction over appeals from child support orders. See Leon Guerrero v. Moylan, 2002 Guam 18, & 5 (citing Title 5 GCA '