Jay M Galvin Edit

Education

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Biography

Jay Grew upp in rural Vermont and attended the Manlius Military School; achieving the rank of Lieutenant Colonel and acting as Battalion Adjutant during his last year. Upon graduation, Jay entered the United States Military Academa at West Point where an accident, leaving his back fractured in 3 places re-assigned his medical status to 4F. Jay then went on to Rochester Institite of Technology...

 Web References

1. 1. ESI - Home

   www.moldit.com/index.htm - [Cached]

   Published on: 12/12/2007   Last Visited: 12/12/2007

   Jay M. Galvin, CEO

2. 2. ESI - Home

   www.moldit.com - [Cached]

   Published on: 12/12/2007   Last Visited: 12/12/2007

   Jay M. Galvin, CEO

3. 3. Alimony: Charles Steinle Van Dyke vs. Aimee Frederick Steinle: Spousal Maintenance

   www.wilcoxlegal.com/cases/ariz - [Cached]

   Published on: 9/4/2006   Last Visited: 1/31/2008

   Appellant Aimee Frederick Steinle (wife) appeals from an order terminating her spousal maintenance from appellee Charles Steinle Van Dyke (husband) after the trial court found substantial and continuing changed circumstances arising from wife's cohabitation with her fiance, Jay Galvin.
   ...
   Approximately six months after the decree was entered, wife's fiance, Jay Galvin, began living with wife and her two children at wife's residence. In August 1992, wife and Galvin informed husband that they were planning to marry on December 5, 1992, in San Francisco. However, in early October 1992, wife discovered that remarriage might terminate her spousal maintenance, and, because she felt she could not afford to lose that income at that time, she cancelled the wedding ceremony.
   
   Because many of the invited wedding guests had made travel plans that could not be changed, wife and Galvin decided to have a party on December 5 in San Francisco in place of the planned post-wedding reception. Additionally, because they had made non-refundable honeymoon arrangements, wife and Galvin took their planned trip to Anguilla after the party.
   
   Husband believed a wedding had taken place and prorated the December 1992 spousal maintenance payment accordingly, which wife returned with a message indicating she had not remarried on December 5. On the advice of his attorney, husband paid wife's $ 13,000 spousal maintenance for [***5] December 1992, but did not pay the January and February 1993 payments; instead, he filed his petition for modification with the court.
   
   At the modification hearing, wife testified that she was currently president and director of Elite Solutions, Inc. (ESI), a custom plastics molding company recently started and owned by Galvin, where she did part-time clerical work, including writing checks and handling receivables, and had just started in sales. She did not consider herself an employee of ESI, and received no salary. Rather, she considered her work there to be "schooling," comparable to an internship or apprenticeship in which she would learn the business. Wife and Galvin had orally agreed that she would receive a 50 percent ownership interest in ESI when she and Galvin married or in August 1994, whichever first occurred.
   ...
   Wife further testified that ESI had not been able to pay Galvin a salary, but paid his expenses and reimbursed him for loans he had made to the company.
   
   Galvin did not pay any rent "or anything else" for living at wife's [***7] home; she did not believe this was "unfair," because she liked having him there, and because the house was titled solely in her name. She testified that she had not incurred any additional expenses as the result of his living there, and that his financial contribution to the household was limited to occasionally buying groceries. When asked what benefits she received from Galvin's living at the house, wife responded, "Oh, he does a lot of maintenance around the house that would normally cost a lot of money to have done."
   
   Although Galvin did not pay household expenses, wife admitted he had paid for the majority of their travel, which included two trips to Mexico, a Disney World cruise, and the trip to Anguilla. He had also purchased a substantial amount of jewelry for wife and her children in 1992, including a $ 13,000 engagement ring.
   
   At the time of the dissolution, wife's 7,400 square-foot house was valued at approximately $ 900,000. Wife testified that she did not list the house for sale immediately after the decree was entered because realtors advised her that the market for luxury homes was "soft" at that time, and that she should wait a year. After receiving a call in September [***8] 1992 from her realtor advising that the market had improved, wife placed the residence on the market for sale in October 1992 with a listing price of $ 1.7 million. Since the listing, she felt that activity on the house had been good, and she testified she had shown the home to potential buyers eight times in the week prior to the hearing.
   
   Although her mortgage payment on the house at the time of the decree was approximately $ 6,200, wife testified that, at the time of the hearing, it had been reduced by about $ 1,500 per month, to $ 4,675 until May 1993, when it was expected to stabilize at $ 5,200 because she had converted from a variable to a fixed rate mortgage. Other expenses on the house, however, had increased because of the expiration of a home warranty since the decree; wife testified she had fixed settling cracks, repainted, and replaced a compressor, hot water heater and pool heater, in addition to incurring expenses in preparing to sell the house.
   
   Husband argued at the hearing that, although he had stipulated that his ability to pay spousal maintenance was not at issue, he believed wife's spousal maintenance should be terminated on a theory of "marriage by estoppel," [***9] because he had detrimentally relied on her planned wedding on December 5, 1992, and had taken his current family on "a rather lavish vacation" to Spain, hired a new employee, bought office equipment, and incurred $ 20,000 in additional debt, in anticipation of the end of his obligation to pay spousal maintenance to wife. Husband admitted that he was aware of wife's "dating" relationship with Galvin at the time of the decree, and admitted that wife would be paying the same household expenses and utilities even if Galvin were not living there; nonetheless, husband believed that Galvin's noncontribution to wife's living expenses was "unfair."
   
   After the evidentiary hearing, the court issued its order terminating spousal maintenance for several reasons. First, the court found that for the past year and a half wife had been living with Galvin in wife's former marital residence in a relationship that was similar to a marriage in all respects except for a marriage license. Second, the court found that the residence had not been sold as anticipated by the dissolution decree, and that it had been placed on the market at substantially above the appraised price. Third, after finding that the intent [***10] of the decree's award of temporary maintenance for a three-year period was to enable the wife to achieve financial independence with her reasonable effort, the court reasoned:
   
   Although the "family" established by Mr. Galvin and Wife is not a legal marriage, it serves the same purpose of providing financial independence for Wife. While it cannot give her the financial independence that she would have had she married Mr. Galvin on December 5, 1992, it does give her a measure of financial independence.
   
   [**1377] [*273] Specifically, Wife now has someone providing for her needs by providing financial support for the maintenance of her household. Mr. Galvin provides other financial support such as the $ 13,000.00 ring given to Wife prior to the ceremony in December 1992. An additional changed circumstance which is substantial and continuing since August 1991 is the fact that Wife is now living with Mr. J. Galvin. It is her intent to marry Mr. Galvin at some time in the future. She has acquired a type of financial support from Mr. Galvin which has supported her financial needs in part.
   
   Wife has entered into an agreement to provide her half (1/2) ownership of the business of Mr. Galvin upon [***11] remarriage or a time certain in 1994.
   ...
   On appeal, wife argues that the trial court order terminating spousal maintenance was improper because her cohabitation with Galvin is not a sufficient ground on which to terminate spousal maintenance under A.R.S. § 25-327 and Smith v. Mangum, 155 Ariz. 448, 747 P.2d 609 (App. 1987). She further argues that husband has failed to establish any substantial or continuing changes in her economic circumstances that would warrant either termination or reduction of her spousal maintenance.
   
   In response, husband argues that wife's financial arrangements with ESI resulted in a substantial and continuing change of circumstances because, even though she did not receive a salary, she derived economic benefits from ESI, and had voluntarily delayed acquisition of ownership of 50 percent of ESI. He asserts that the trial court properly [***14] considered the equities of the wife's arrangements with Galvin and ESI as they related to husband in terminating wife's spousal maintenance. Alternatively, husband contends the evidence supports a showing of substantial and continuing changed economic circumstances resulting from wife's cohabitation [**1378] [*274] sufficient to warrant at least a reduction in her spousal maintenance.
   ...
   The evidence at the hearing was undisputed that wife and Galvin were not married. [***17] Furthermore, husband's asserted "marriage by estoppel" theory based on cohabitation is nonexistent as a ground in support of modification under Arizona law. See Smith v. Mangum; c