Did I write the Statement of Facts and Cause of Action/Relief Sought correctly?

Instructions:

In Role-Play Exercise 11-1 titled "The Cost-of-Living Allowance" found in chapter 11, draft the mediation statement on behalf of Alice Steuben. In the mediation statement include only a summary of the "Statement of Facts" and Ms. Steuben's "Causes of Action and Relief Sought." Thus, it is not necessary that the post be in any specific type of format, although it should have two headings "Statement of Facts" and "Alice Steuben's Causes of Action and Relief Sought."

The Cost-of-Living Allowance:

Alice and James Steuben were married for 24 years until their divorce in 1990. The judgment of dissolution that the trial court rendered provided for the payment of periodic alimony from James to Alice. The judgment also provided that James pay an annual cost-of-living allowance in addition to the amount of alimony provided in the judgment. The judgment provided in relevant part:

Commencing this day and for a period of two (2) years thereafter, James shall pay to Alice, as periodic unallocated alimony, the sum of $26,000 per year payable $2166.66 per month. At the expiration of the two (2) years and for a period of eight (8) years thereafter, James shall pay to Alice, as unallocated alimony, the sum of $17,500 per year payable $1458.33 per month. After the expiration of said eight (8) year period, and thereafter, James shall pay to Alice as unallocated alimony, the sum of $15,000 per year payable $1250 per month. In addition to these payments, if applicable as additional periodic alimony...James shall pay to Alice as a cost of living allowance a sum to commence in February of 1992 with the first adjustment to be in February, 1993, as per Agreement on file.

The court found that the parties' separation agreement was fair and equitable and incorporated it by reference into the dissolution judgment. The judgment specifically referred to the parties' separation agreement for the method by which the cost-of-living allowance should be calculated. Article 2.1 of the separation agreement provides in relevant part:

In addition to these payments, if applicable as additional periodic alimony or child support as the case may be, James shall pay to Alice as a cost of living allowance a sum to commence in February of 1992, with the first adjustment to be in February, 1993, and to be arrived at as follows:

(a)The Consumer Price Index figure applicable to January, 1992, shall be the basis for further increases. On the second day of February, 1993, and on the same day of each year thereafter, an evaluation of the cost of living for the preceding calendar year shall be made and an average figure of the twelve months of the preceding calendar year of the Consumer Price Index shall be taken.

(b)If the cost of living so computed shall be different from the present cost of living, then all monies paid by James to Alice for alimony and support during the preceding calendar year shall be adjusted in exact proportion as the cost of living figure of the preceding year is to the newly established figure. Any monies computed to be due in accordance with this formula shall be paid by James to Alice in twelve monthly payments for the next calendar year.

Three months ago, Alice filed a motion for contempt, alleging that James has failed to pay the cost-of-living adjustments provided for by the parties' separation agreement that was incorporated into the judgment dissolving their marriage for 1993 and all subsequent years. Alice also sought interest on the arrearage.

Since the petition was filed, both parties has taken the depositions of expert witnesses. If a trial were held, Alice's and James's certified public accountants would offer conflicting testimony as to the proper method for calculating the total amount of cost-of-living adjustments that James should have paid. Their disagreement revolved around the proper method for calculating the cost-of-living allowance provided for in the agreement. James' CPA would, when performing the necessary calculation for each year, use the original base amount of agreed alimony as the basis for determining that year's cost-of-living adjustment. Alice's CPA would use the adjusted base from the previous year to calculate the following year's cost-of-living adjustment.

The trial court judge has referred the case to the court's mediation program. In preparation for the mediation, the attorneys should prepare their court-sponsored mediation statements and submit them to opposing counsel and the mediator.

My answer:

Statement of Facts

Alice Steuben, plaintiff, and James Steuben, defendant, divorced in 1990 after being married for 24 years. In the dissolution judgment, defendant was ordered to pay periodic unallocated alimony to plaintiff immediately. The schedule of each payment and the amount of each are outlined in the judgment.

Additionally, defendant was ordered to pay plaintiff a cost-of-living allowance to begin February 1992. The first adjustment was scheduled for February 2, 1993 and on the same day every year thereafter. The Consumer Price Index was assigned to be the basis for future increases.The parties' separation agreement was incorporated "by reference into the dissolution judgment for the method by which the cost-of-living allowance should be calculated."

The parties disagree as to the proper approach to calculating the cost-of-living adjustments that defendant should have paid. Plaintiff has deposed an expert witness. Her certified public accountant is prepared to offer testimony stating the adjusted base from the previous year should be used to calculate the following year's cost-of-living adjustment. Plaintiff's CPA affirms this method to be the proper approach to calculating the total amount of cost-of-living adjustments. Defendant also deposed an expert witness. His certified public accountant is prepared to offer testimony stating the proper method for calculating the cost-of-living allowance is to use the original base amount of agreed alimony as the basis for determining that year's cost-of-living adjustment.

Ms. Steuben's Causes of Action and Relief Sought

Three months ago,Plaintiff filed a motion for contempt stating defendant "has failed to pay the cost-of-living adjustments provided for by the parties' separation agreement that was incorporated into the judgment dissolving their marriage for 1993 and all subsequent years." Interest on the arrearage is also being sought by plaintiff.