Gleich v. Gleich

2001 ND 185, 636 N.W.2d 418, 2001 N.D. LEXIS 223, 2001 WL 1544068
CourtNorth Dakota Supreme Court
DecidedDecember 5, 2001
Docket20010010
StatusPublished
Cited by5 cases

This text of 2001 ND 185 (Gleich v. Gleich) 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
Gleich v. Gleich, 2001 ND 185, 636 N.W.2d 418, 2001 N.D. LEXIS 223, 2001 WL 1544068 (N.D. 2001).

Opinion

MARING, Justice.

[¶ 1] Andrew Gleich appealed a divorce decree ordering him to pay Michelle Gleich child support for the parties’ four minor children and distributing the parties’ marital property. We hold the trial court did not clearly err in distributing the parties’ marital property, but the court erred in not adjusting Andrew’s child support obligation for extended visitation. We affirm the property distribution, and we reverse the child support award and remand for recalculation.

I

[¶ 2] Andrew and Michelle were married in 1987. They have four children: a son born in 1988, a daughter born in 1990, a daughter born in 1992, and a son born in 1994. Michelle is a registered nurse with a critical care certification, and she worked in health care during the parties’ marriage. At the time of trial, she was 43 year’s old and was working approximately 24 hours per week for $19.40 an hour at Altru Health Systems in Grand Forks. Andrew *420 was 46 years old with a master’s degree in health administration. Andrew has an attention deficit disorder that affected his ability to maintain a job in the health care industry, and at the time of trial, he was employed by Job Service North Dakota with an average net monthly income of $1800.

[¶ 3] Michelle sued Andrew for divorce in 1999. The parties stipulated that Michelle would receive physical custody of the children, subject to reasonable visitation for Andrew. The trial court granted the parties a divorce and awarded Michelle property with a net value of $186,413 and Andrew property with a net value of $144,151. The court granted Michelle physical custody of the parties’ four minor children and ordered Andrew to pay child support of $691 per month. Andrew appealed.

[¶ 4] During oral argument to this Court, Andrew claimed the trial court failed to specifically distribute two financial accounts identified under Michelle’s name in the parties’ N.D.R.Ct. 8.3 Property and Debt Listing as “Vangard” valued at $7,909.31 and “Aultman Health Retirement Savings Plan” valued at $7,378.63. We remanded to the trial court to distribute that property, and we retained jurisdiction under N.D.R.App.P. 35(b). On remand, the trial court awarded Michelle the “Vangard” and “Aultman Health Retirement Savings Plan” financial accounts, and awarded Andrew two certificate of deposits with a cumulative value of $15,339 which had been awarded to Michelle in the court’s original decree. The court also increased the value of household goods and a vehicle awarded to Andrew from $14,480 to $15,500, because it neglected to include the value of certain household items in the value of the household property originally awarded to Andrew. The effect of the court’s decision on remand is that Michelle received 54% of a $346,800 net marital estate rather than 56%, and Andrew received 46% of the marital estate rather than 44%.

II

[¶ 5] Andrew argues the trial court erred in not equally dividing the parties’ marital estate. He argues the court erred in deciding all four children were special needs children and required inordinate expenditures for medications. He argues the court’s disproportionate property distribution for the perceived needs of the children was erroneous and claims a deviation from the child support guidelines, rather than a disproportionate property distribution, is the appropriate method to address those needs. He argues the court failed to adequately explain the rationale for its unequal property division and seeks a remand for an equal distribution of the parties’ marital estate.

[¶ 6] In a divorce action, the trial court must distribute the parties’ marital property equitably. N.D.C.C. § 14-05-24. A court’s distribution of marital property need not be equal to be equitable, but the court must explain any substantial disparity. Corbett v. Corbett, 2001 ND 113, ¶ 12, 628 N.W.2d 312. In distributing marital property, the court must apply the guidelines established under Ruff v. Ruff, 78 N.D. 775, 52 N.W.2d 107 (1952) and Fischer v. Fischer, 139 N.W.2d 845 (N.D.1966), which:

allow the trial court, in making a property distribution, to consider the respective ages of the parties to the marriage; their earning abilities; the duration of the marriage and the conduct of each during the marriage; their station in life; the circumstances and necessities of each; their health and physical conditions; their financial circumstances as shown by the property owned at the *421 time; its value and income-producing capacity, if any, and whether it was accumulated or acquired before or after the marriage; and such other matters as may be material.

Corbett, at ¶ 12 (quoting Freed v. Freed, 454 N.W.2d 516, 520 n. 3 (N.D.1990)).

[¶ 7] A trial court's determinations regarding the division of marital property are treated as findings of fact and will not be reversed on appeal unless clearly erroneous under N.D.R.Civ.P. 52(a). Northrop v. Northrop, 2001 ND 31, ¶ 8, 622 N.W.2d 219. A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if no evidence exists to support it, or if, upon review of the entire evidence, we are left with a definite and firm conviction a mistake has been made. Id.

[¶ 8] Here, the trial court found Michelle’s unrebutted testimony established all four children have health problems; the health concerns for all four children and the logistics for child care precluded Michelle from working full-time; she would need financial resources other than her income and child support to make ends meet for the immediate future; and the special needs of the children resulted in inordinate expenditures for medications which will continue indefinitely. The court explained its

award of assets and debt amounts to an obvious disparity. [Michelle] has been awarded approximately 54% of the net marital estate. Testimony during trial indicated that all four of the parties’ minor children have health problems. There are unusually high expenses for medications. [Michelle] is working part-time, partly due to the fact that she does have young children at home that have chronic special needs. It appears that she has little opportunity for significant raises in pay in the foreseeable future with her current employment; [Andrew] certainly has at least opportunities for advancement. [Michelle] has had to resort to her savings to subsist during the pendency of this action. [Michelle’s] living expenses will exceed those of [Andrew] for the foreseeable future post-divorce. All of these factors have convinced the trial court that a disparate property award is appropriate. [Michelle] should note, however, that should she make a motion for spousal support in the future, this disparate property award will be a consideration as to whether or not such an award is appropriate under the circumstances presented at that time.

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Bluebook (online)
2001 ND 185, 636 N.W.2d 418, 2001 N.D. LEXIS 223, 2001 WL 1544068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gleich-v-gleich-nd-2001.