In Re Marriage of McNattin v. McNattin

450 N.W.2d 169, 1990 Minn. App. LEXIS 49, 1990 WL 1696
CourtCourt of Appeals of Minnesota
DecidedJanuary 16, 1990
DocketC9-89-1269
StatusPublished
Cited by10 cases

This text of 450 N.W.2d 169 (In Re Marriage of McNattin v. McNattin) 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
In Re Marriage of McNattin v. McNattin, 450 N.W.2d 169, 1990 Minn. App. LEXIS 49, 1990 WL 1696 (Mich. Ct. App. 1990).

Opinions

OPINION

GARDEBRING, Presiding Judge.

The trial court denied appellant Cynthia McNattin’s motion for child support, concluding that she could not obtain child support absent a showing of change in circumstances. The trial court also awarded attorney fees to respondent Robert McNat-tin. Cynthia appeals from the judgment of the trial court. We affirm.

FACTS

The parties’ marriage was dissolved in February 1977 and Cynthia was awarded custody of their minor child. Later, in September 1979, by the parties’ agreement, the trial court granted custody of the child to Robert. From July 1979 to April 1986 Cynthia did not contribute to the child’s expenses. She stopped working full time, attended law school, and in 1984 started her legal career. In the meantime Robert remarried and had four additional children.

■ In April 1986, pursuant to Robert’s request for child support, the trial court ordered Cynthia to pay child support. A year later, after the child experienced problems at school and at home, he moved into Cynthia’s home. While the child stayed with her, Cynthia continued to pay support to Robert until February 1988. Robert treated the change in living arrangements as extended visitation.

In February 1988 Cynthia contacted Robert to discuss a change in custody of their son. She informed Robert that she had retained an attorney and intended to litigate the issue of custody if settlement was not reached. In turn, Robert, who was then experiencing significant financial difficulties due to a work-related injury, indicated he would agree to modification of custody only if Cynthia did not seek child support. She responded in a critical letter:

I [Cynthia] am aware that you have other children and family obligations to consider and that seeking child support from you would cause hardship for your family which I have no desire to do. * * * As I have said repeatedly to you, if you sign the stipulation for change of custody as you have indicated you are willing to do, without our having to engage in any further legal proceeding, I have no intention of seeking child support from you and am willing to reserve child support in the stipulation. As I have explained to you, this is the best reassurance I am able to give you legally.

Robert signed a waiver of right to counsel and the proposed stipulation. The amended judgment and decree changed custody and reserved child support.

Nine months later, Cynthia moved to establish child support. The referee ordered Robert to pay below guideline child support of $168 per month. On review of the referee’s recommended order, the trial court struck the award of child support. The court found Cynthia fraudulently represented facts to Robert which induced him to agree to the custody stipulation. Further, the court denied Cynthia's request for child support absent showing a substantial change in circumstances. It awarded Robert $3000 in attorney fees. This appeal followed.

ISSUES

1. Did the trial court err in denying Cynthia an award of child support absent a [171]*171change in circumstances pursuant to Minn. Stat. § 518.64, subd. 2 (1988)?

2. Did the trial court err in awarding attorney fees?

ANALYSIS

The trial court is accorded broad discretion in determining child support; there must be a clearly erroneous conclusion that is against logic and the facts on record before this court will find that the trial court abused its discretion. Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn.1984).

The trial court denied Cynthia’s request for an award of child support. The court found:

That in asserting to [Robert] that the inclusion of a reservation of child support was “the best reassurance I’m able to give you legally,” [Cynthia] fraudulently represented the facts to [Robert] and this fraudulent representation induced [Robert] to enter into the stipulation to amend custody. [Cynthia] is thus estopped from obtaining child support without showing a substantial change of circumstances from that which obtained in February of 1988.

Generally, there is no need to show a substantial change in circumstances to grant child support reserved in a decree. Mulroy v. Mulroy, 354 N.W.2d 66, 69 (Minn.Ct.App.1984). However, we believe the unusual facts in this case justify a decision to affirm the trial court.

To reach this conclusion, we need not go beyond the holding and reasoning of this court’s opinion in O’Connor v. O’Connor, 386 N.W.2d 395 (Minn.Ct.App.1986). In O’Connor the trial court originally granted the husband sole custody of two minor children and, like this case, reserved child support pursuant to the parties’ stipulation. One year later the husband moved for an award of child support, but the trial court denied the motion. Id. at 397.

In affirming the trial court, this court advanced two propositions that we believe control the present case. First, this court emphasized the fact the father moved for child support little more than a year after the stipulation. Implicit in the court’s holding is the proposition that the trial court was within its discretion to deny child support when insufficient time elapsed between the stipulation and a motion for child support. In the present case Cynthia’s motion came only nine months after the stipulation.

Second, according to the court, a stipulation is an important consideration in determining child support because it often results “from barter concerning child support, spousal maintenance, and property settlement.” Id. at 398 (quoting Fifield v. Fifield, 360 N.W.2d 673, 675 (Minn.Ct.App. 1985)). Here the parties’ February 1988 stipulation clearly resulted from barter over Robert’s support obligations and custody of the child. The correspondence between the parties plainly shows Robert only agreed to a change in custody upon Cynthia’s promise not to seek child support.

Cynthia argues the trial court erred in considering the parties’ February correspondence and negotiations in denying child support. This argument is based on two propositions: a child’s right to support may not be bargained away by his parents, Tammen v. Tammen, 289 Minn. 28, 30, 182 N.W.2d 840, 842 (1970), and a waiver of child support is contrary to public policy. Aumock v. Aumock, 410 N.W.2d 420, 421 (Minn.Ct.App.1987).

Initially, we note that Cynthia’s agreement to forego child support is clearly not binding upon the trial court. Tammen, 289 Minn, at 30, 182 N.W.2d at 842. Nonetheless, the trial court may properly consider her agreement in establishing child support since it represents the parties’ acquiescence in a settlement. Ramsay v. Ramsay, 305 Minn. 321, 323-24, 233 N.W.2d 729, 731 (1975).

Furthermore, under these facts Cynthia’s argument that her son’s right to support has been bargained away is without merit.

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In Re Marriage of McNattin v. McNattin
450 N.W.2d 169 (Court of Appeals of Minnesota, 1990)

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450 N.W.2d 169, 1990 Minn. App. LEXIS 49, 1990 WL 1696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-mcnattin-v-mcnattin-minnctapp-1990.