Davis v. Davis

394 N.W.2d 519, 1986 Minn. App. LEXIS 4855
CourtCourt of Appeals of Minnesota
DecidedOctober 14, 1986
DocketC5-86-427
StatusPublished
Cited by3 cases

This text of 394 N.W.2d 519 (Davis v. Davis) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Davis, 394 N.W.2d 519, 1986 Minn. App. LEXIS 4855 (Mich. Ct. App. 1986).

Opinion

OPINION

POPOVICH, Chief Judge.

This appeal is from a third amended judgment modifying child support payments and awarding respondent her costs, disbursements and attorney fees. Appellant claims the trial court’s findings were insufficient to justify the child support increase or the award of attorney fees. We affirm in part, reverse in part and remand.

FACTS

Appellant Roger A. Davis and respondent Jean D. Davis were divorced on February 26, 1975. Respondent received custody of the parties’ two minor children and the right to live in the homestead subject to an interest free lien in favor of appellant. On June 18, 1976, the judgment and decree was amended to require appellant to pay $75.00 per month per child in support. On July 27, 1977, appellant’s support obligation was increased to $100.00 per month per child.

On May 27, 1985, respondent moved for an upward modification of child support pursuant to Minn.Stat. §§ 518.64 and 518.-641 (1984). A hearing was held on August 29, 1985 where evidence was introduced concerning the relative increases in the parties’ income, the childrens' needs and cost-of-living adjustments.

On October 17, 1985, the trial court issued findings of fact and an order. The trial court did not compare the parties’ current income with their earnings at the *521 time of the last amended judgment in 1977. Instead, the court compared current income with earnings at the time of dissolution in 1975. Specifically, the trial court found respondent’s annual income increased from $10,800 gross income at the time of dissolution in 1975 to $23,178.24 net income at the time of the hearing. Her current net monthly income was $1931.52 from her employment as a nurse at Immanual-St. Joseph’s Hospital in Mankato, Minnesota.

The trial court found appellant’s annual income increased from $16,500 gross income at the time of dissolution to $39,-975.36 net income at the time of the hearing. His current net monthly income was $2721.33 from his employment as an urban planner at Johnson Brothers. Corporation in Litchfield, Minnesota. In addition, appellant received $270.00 per month car allowance from his employment and $340.00 per month rental income totalling $3331.33 net income per month.

The trial court also found the needs of the parties’ two minor children, now teenagers, had substantially increased since the time of the marriage dissolution. The eldest child requires special tutoring due to a learning disability. The court found additional increased costs in entertainment and clothing, along with anticipated increases in driving-related expenses.

Finally, the trial court found a change in the cost-of-living as measured by the Federal Bureau of Statistics. Respondent’s expert witness, Ann Poehler, a child support collection officer for Nicollet County, testified the cost-of-living had increased in excess of 100% since the date of dissolution.

Based on the evidence, the court found substantial change in circumstances rendering the previous obligation unreasonable and unfair. The court increased appellant’s obligation from $200.00 per month to $999.40 per month by multiplying appellant’s current net income by the 30% factor in the child support guidelines pursuant to Minn.Stat. § 518.551 (1984). The increase was ordered effective September 1, 1985 through the emancipation of the eldest child on May 31, 1986, at which time the support obligation drops to $830.00 per month. The trial court also awarded respondent her costs and attorney fees total-ling $1092.40 to be paid by December 1, 1985. The third amended judgment reflecting the October 17, 1985 findings of fact and order was entered December 16, 1985.

At the time of the hearing, appellant was remarried and lived with his current wife, his wife’s child, and three children of the marriage. In his November 1985 affidavit, submitted subsequent to the hearing but prior to the third amended judgment, appellant states he is unemployed and unable to meet his child support obligations or pay arrearages.

ISSUES

1. Are the trial court’s findings sufficient to justify the child support increase?

2. Did the trial court abuse its discretion by awarding respondent costs and attorney fees?

ANALYSIS

1. It is well established that the decision to modify a child support order lies in the broad and sound discretion of the trial court, and an appellate court will reverse for an abuse of discretion only where it finds a “clearly erroneous conclusion that is against logic and the facts on record.” Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn.1984). This discretion, however, must be exercised within the limits set out by the legislature.

Moylan v. Moylan, 384 N.W.2d 859, 864 (Minn.1986) (citation omitted).

A child support order may be modified upon a showing that a substantial change in circumstances has made the original terms unreasonable and unfair.

Blomgren v. Blomgren, 367 N.W.2d 918, 920 (Minn.Ct.App.1985). Minn.Stat. § 518.-64, subd. 2 (1984) defines those circumstances justifying modification:

The terms of a decree respecting maintenance or support may be modified upon a showing of one or more of the following: (1) substantially increased or de *522 creased earnings of a party; (2) substantially increased or decreased need of a party; (3) receipt of assistance under sections 256.72 to 256.87; or (4) a change in the cost-of-living for either party as measured by the federal bureau of statistics, any of which makes the terms unreasonable and unfair. On a motion for modification of support, the court shall take into consideration the needs of the children * * *.

Id.

In this case, the trial court specifically found substantial increase in earnings of both appellant and respondent. In addition, the court found substantial increase in the needs of the children, now teenagers, and in the cost-of-living in excess of 100% since the date of dissolution.

Once a party proves the existence of any one of the four statutory grounds for modification the trial court must then address the question of whether the original child support terms are unreasonable and unfair as a result.

Derence v. Derence, 363 N.W.2d 86, 88 (Minn.Ct.App.1985). After finding substantial change in circumstances, the trial court concluded

that child support in the amount of $200.00 per month, as established by the original Dissolution Decree, is unreasonable and unfair as it does not allow the children to enjoy the benefit of the increased household income of both parties to this action.

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Bluebook (online)
394 N.W.2d 519, 1986 Minn. App. LEXIS 4855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-davis-minnctapp-1986.