Hedelius v. Hedelius

361 N.W.2d 421, 1985 Minn. App. LEXIS 3798
CourtCourt of Appeals of Minnesota
DecidedJanuary 29, 1985
DocketC2-84-963
StatusPublished
Cited by2 cases

This text of 361 N.W.2d 421 (Hedelius v. Hedelius) 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
Hedelius v. Hedelius, 361 N.W.2d 421, 1985 Minn. App. LEXIS 3798 (Mich. Ct. App. 1985).

Opinion

OPINION

WOZNIAK, Judge.

Karen Hedelius appeals from an amended judgment and decree in a dissolution of marriage. She contends that the trial court abused its discretion in deviating from the child support payment guidelines contained in Minn.Stat. § 518.551, subd. 5 (Supp.1983). In addition, she contends that the trial court abused its discretion in re *423 fusing to consider the consequences on the marital estate of income tax filings for the taxable year 1981, and in division of the marital estate. We affirm.

FACTS

Karen and James Hedelius were married on April 6, 1969. Two children, ages 9 and 10 at the time of the dissolution, were born of the marriage. The parties separated in 1981; the amended dissolution decree was entered May 7, 1984. Karen was 36 years old at the time of trial; James 48.

Karen is employed by Control Data Corporation, grossing $46,248 yearly. In addition, she receives $4800 each year from renters in the homestead, and $7200 as an independent computer consultant, for a total income of $58,248. James is employed by Space Center, Minnesota, with a yearly income of $22,800.

The dissolution decree granted custody to Karen and ordered James to pay $200 per month child support until he paid off his debt to the IRS. Thereafter, he would pay $300 per month. Child support guidelines would have required him to pay $368.83 per month based upon his net monthly income.

The debt to the IRS is a consequence of James’ 1981 tax returns. Karen had prepared the couple’s income tax returns that year, filing individually because they had separated. She claimed 100% of the deductions, causing her to be refunded $2,741 and James to owe $4,972.

He amended his returns, demanding a share of the deductions. The IRS audited both parties.

Karen then gave James the tax refund check, which he applied towards his debt. Because he was unable to meet the entire debt, both a federal and a state tax lien were filed against the parties’ homestead.

Karen tried to get James to amend his returns to filing jointly, rather than separately, claiming $3,500 could be saved. He refused. She attempted to introduce an exhibit at trial showing the possible savings to the marital estate had tlie parties filed jointly rather than separately in 1981. The court refused to admit this exhibit on the grounds that it was too speculative.

From the time of separation, Karen had made all of the payments on the homestead:, substantial contract for deed balloon payments which required refinancing, as well as all the principal, interest, taxes, and insurance payments on the property. She paid off the federal tax lien, but could not come up with the money for the state tax lien. The contract for deed was cancelled, but other arrangements were made. Karen was subsequently able to repurchase the homestead in her name alone, without loss.

The homestead in Edina, valued at approximately $178,000, is the third home the parties have lived in as a married couple. Karen used nonmarital funds for 14.5% of the purchase price of the first homestead. The proceeds from the sale of the first homestead went to the purchase of the second in New Brighton. At the time of separation, the parties were receiving payments as the vendors of a contract for deed on the second homestead.

The two significant assets in terms of marital property distribution are the Edina homestead and the contract for deed on the former homestead in New Brighton. Karen was awarded the Edina homestead, subject to a $10,000 lien in favor of James. The contract for deed was divided equally between the parties.

ISSUES

1. Did the trial court abuse its discretion in deviating from the child support payment guidelines set forth in Minn.Stat. § 518.551, subd. 5 (Supp.1983)?

2. Did the trial court abuse its discretion in refusing to consider the consequences on the marital estate of income tax filings for the taxable year 1981?

3. Did the trial court abuse its discretion in its division of the marital property?

ANALYSIS

The standard of review for property settlements and child support obliga *424 tions is narrow. The trial court has broad discretion and will be reversed only for a clear abuse of discretion. Bogen v. Bogen, 261 N.W.2d 606 (Minn.1977). If the trial court’s determination of appropriate property division and obligations of child support has reasonable and acceptable basis in fact and principle, the reviewing court must affirm. Dubois v. Dubois, 335 N.W.2d 503 (Minn.1983).

1.A court may order child support in an amount below the guidelines if the court “makes express findings of fact as to the reason for the lower order.” Minn.Stat. § 518.17, subd. 5 (Supp.1983). Factors which might appropriately be considered in determining such an award include the financial resources and needs of the child and both parents, the standard of living the child would have enjoyed had the marriage not been dissolved, and the physical, emotional, and educational needs of the child. Minn.Stat. § 518.17, subd. 4 (1982).

The trial court set child support at $200 per month for as long as James was indebted to the IRS, and $300 thereafter. Both figures are below the $368.83 mandated by the guidelines.

The trial court’s findings reveal that it based its deviation, in part, on the fact that Karen’s income was 2.5 times that of James’ income, and that James was indebted to the IRS.

Karen argues that the trial court erred in basing its deviation in any part upon debt repayment, relying on Bakke v. Bakke, 351 N.W.2d 387 (Minn.Ct.App.1984). Although the Bakke case makes clear that private debt repayment cannot justify a downward deviation from the child support guidelines, we hold that the same is not true for public debt repayment. James’ debt to the IRS is one which must be paid off, one he did not incur by living extravagantly; indeed, it is a debt which, at least to some extent, Karen helped to incur. The extent to which the downward deviation is based upon public debt repayment is justified.

Karen not only has a significantly more substantial monthly income than James, but seems to be in a better position to increase that income in the future as well. The trial court’s deviation after the debt to the IRS is paid is minor — $68.83 each month. Such a deviation, based on the relevant Minn.Stat. § 518.17, subd. 4 (1982) factors, was within the bounds of the court’s discretion in light of Kowalzek v. Kowalzek, 360 N.W.2d 423 (Minn.Ct.App.1985).

Finally, although the court’s findings are not as detailed as they might have been, we hold that they nonetheless satisfy the requirement of Minn.Stat. § 518.17, subd. 5 (Supp.1983), and support the lower award.

2.

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Bluebook (online)
361 N.W.2d 421, 1985 Minn. App. LEXIS 3798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hedelius-v-hedelius-minnctapp-1985.