Corbett v. Corbett

2002 ND 103, 646 N.W.2d 677, 2002 N.D. LEXIS 143, 2002 WL 1480895
CourtNorth Dakota Supreme Court
DecidedJuly 11, 2002
Docket20020010
StatusPublished
Cited by15 cases

This text of 2002 ND 103 (Corbett v. Corbett) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corbett v. Corbett, 2002 ND 103, 646 N.W.2d 677, 2002 N.D. LEXIS 143, 2002 WL 1480895 (N.D. 2002).

Opinions

VANDE WALLE, Chief Justice.

[¶ 1] James Corbett appealed from a trial court’s judgment implementing the remand instructions of this Court found in Corbett v. Corbett, 2001 ND 113, 628 N.W.2d 312 (“Corbett I”). James now argues the trial court abused its discretion by increasing his spousal support obligations. We affirm the judgment.

[¶ 2] In the first appeal to arise from the divorce of James and Kristi Corbett, we observed:

James and Kristi Corbett were married in May 1995 and had two children. In 1999, Kristi Corbett sued James Cor-[678]*678bett for divorce. Pending trial, James and Kristi Corbett stipulated to joint legal and physical custody of the children, and they agreed the children would continue to live in the marital home and each parent would alternate living in the marital home on a weekly basis. The trial court appointed a guardian ad litem for a custody evaluation. The guardian ad litem recommended awarding the parties joint legal and shared physical custody of the children, with James Corbett designated as primary custodian.
The trial court granted the parties a divorce and divided their marital property. The court granted the parties joint legal custody of the children and awarded James Corbett physical custody. The court decided Kristi Corbett’s presumptive child support obligation was $385 per month, but granted a downward deviation to $827 per month for extended visitation and allowed each party to claim one child as a dependent for income tax purposes. The court ordered James Corbett to pay Kristi Cor-bett $827 per month in spousal support for seven years to offset her child support obligation.

Corbett I, at ¶¶ 2 & 3.

[¶ 3] In Corbett I, Kristi appealed on the issue of the trial court’s custody award and James cross-appealed on the issue of the trial court’s child support, spousal support, property and debt division, and dependency tax exemption entitlements. We affirmed the trial court’s child custody award to James and the trial court’s property division. Corbett I, at ¶ 35. We reversed the trial court’s spousal support and child support awards and remanded those issues back to the trial court for further proceedings. Id. We further explained: “to the extent the court’s spousal support award is intertwined with its property division, the court may reconsider its property division.” Corbett I, at ¶ 22. We also held Kristi had not been awarded extended visitation and therefore, she should not receive a downward deviation in her child support obligation. Id. at ¶ 32.

[¶ 4] A trial court’s determination of spousal support, to which it applies the Ruff-Fischer guidelines,1 is reviewed as a finding of fact and will only be overturned if it is clearly erroneous. Corbett I, at ¶ 17. “A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if there is no evidence to support it, or if, although there is some evidence to support it, on the entire evidence there is a definite and firm conviction a mistake has been made.” Fox v. Fox, 2001 ND 88, ¶ 14, 626 N.W.2d 660.

[¶5] In Corbett I, we explained “[a]l-though the trial court’s findings could have been more explicit, we are able to discern the basis for the court’s decision to award spousal support from its analysis and findings under the Ruff-Fischer guidelines.” Corbett I, at ¶ 21. Thus, although we found grounds for an award of spousal support generally to Kristi in Corbett I, the amount of that award was arrived at inappropriately because the trial court failed to consider the spousal support awarded to Kristi when it calculated the amount of child support Kristi was obligated to pay James. See Corbett I, at ¶ 22 (explaining “[i]n calculating an obligor’s child support obligation, the child support guidelines require the obligor’s gross income include spousal support received [679]*679from a child support obligee”). Instead, the trial court’s award of spousal support to Kristi was calculated after the amount of the child support award had been determined and spousal support was awarded, primarily, to offset the child support obligation Kristi owed to James. Id. This was inappropriate and we reversed and remanded for further consideration of spousal support. Id.

[¶ 6] On remand the trial court issued an order increasing James’ child support award from $327 to $554 per month and awarding Kristi spousal support of $800 per month, or $9,600 annually, for seven years. This amount was $200 less a month and for three fewer years than Kristi had originally sought for her rehabilitation. This amount, however, was an increase of $473 from the $327 originally awarded by the trial court in Corbett I. In reaching its decision, the trial court valued Kristi’s gross annual income at $16,442. The trial court concluded Kristi’s income, apparently after taxes, combined with the spousal support owed to her each year, resulted in a net monthly income of $1,877. Using these figures, the trial court calculated Kristi’s presumptive monthly child support obligation under the North Dakota Child Support Guidelines amounted to $554 per month. The trial court thus complied with our instructions on remand insofar as its award of child support to James. James, however, now argues the trial court abused its discretion both in the amount and the duration of Kristi’s spousal support award.

[¶ 7] The goal of rehabilitative support is to “make up for the opportunities and development a disadvantaged spouse lost while assuming [his or her] economic role in the marriage.” Riehl v. Riehl, 1999 ND 107, ¶ 17, 595 N.W.2d 10. The Ruff-Fischer guidelines assist the trial court in arriving at an award amount to achieve this goal. The Ruff-Fischer guidelines established factors a trial court is to consider when calculating an award of rehabilitative spousal support. We have explained, however:

There is no ready formula to determine what amounts to “adequate” or “appropriate” rehabilitative support. In making that determination, however, a trial court should consider the duration of the marriage, the parties’ earning capacities, the value of the marital property and other Ruff-Fischer factors. We have also said in a long-term marriage it is important to consider “continuing a standard of living ... [or] balancing the burdens created by the separation when it is impossible to maintain two households at the predivorce standard of living.”

Riehl v. Riehl, 595 N.W.2d 10, 1999 ND 107, ¶ 13 (citations omitted).

[¶ 8] On this second appeal, we again believe the trial court’s findings could have been more explicit, but they are nonetheless sufficient to support the amount of the trial eourt’s award of spousal support. The trial court, after reviewing the transcripts and the exhibits of the case, in its memorandum decision of December 2, 2001, reasoned:

The Plaintiff needs spousal support to compensate for her financially disadvantaged position. She intends to go back to school and has less than half the gross income of the Defendant. The Plaintiff had asked to go back to school when the parties were married, but the Defendant said that they could not afford it.

[¶ 9] Similarly, the trial court’s original memorandum decision of May 17, 2000, provides a detailed analysis of the Ruff-Fischer

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Cite This Page — Counsel Stack

Bluebook (online)
2002 ND 103, 646 N.W.2d 677, 2002 N.D. LEXIS 143, 2002 WL 1480895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corbett-v-corbett-nd-2002.