In Re the Marriage of Syverson

931 P.2d 691, 281 Mont. 1, 54 State Rptr. 32, 1997 Mont. LEXIS 8
CourtMontana Supreme Court
DecidedJanuary 3, 1997
Docket94-191
StatusPublished
Cited by35 cases

This text of 931 P.2d 691 (In Re the Marriage of Syverson) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Syverson, 931 P.2d 691, 281 Mont. 1, 54 State Rptr. 32, 1997 Mont. LEXIS 8 (Mo. 1997).

Opinions

JUSTICE HUNT

delivered the Opinion of the Court.

The marriage of Kimberly Ann Syverson (Kimberly) and Michael Sherman Syverson (Michael) was dissolved pursuant to a decree issued by the Tenth Judicial District Court, Fergus County. Subsequently, Michael moved the court for a modification of child sup[6]*6port, and Kimberly moved the court for a modification of both child support and the parties’ child custody arrangement. Michael appeals the District Court’s disposition of the parties’ respective motions.

We affirm in part and reverse in part.

The following issues are presented for our review:

1. Did the District Court err in awarding Kimberly day care expenses incurred as an incident to her status as a student?

2. Did the District Court err in its defacto denial of Michael’s motion for modification of child support?

3. Did the District Court err in granting Kimberly’s motion for modification of child support?

4. Did the District Court err in failing to award Michael the exclusive right to claim the children as his dependents for federal and state income tax purposes?

5. Did the District Court err in its excessive modification of the custodial plan?

FACTS

Kimberly and Michael were married in Minnesota in 1983. The couple have three children: Rebecca, born March 30, 1984; Kaydee, born May 11, 1986; and Amy, bom March 19, 1988. The Syverson family made Lewistown, Montana its home.

In 1992, Kimberly and Michael sought a dissolution of their marriage, and on July 24, 1992, the parties executed a “Property Settlement and Custody Agreement” (Agreement). In relevant part, the Agreement provided that the parties would have joint custody of the children, and that they would divide as equally as possible the actual physical custody of the children; the Agreement provided that Michael would have physical custody of the children for a total of 160 days out of the year.

The Agreement also provided that Michael would be responsible for monthly child support payments of $475, but that, in light of Michael’s anticipated job change, the parties’ child support obligations could be reviewed upon the request of either party. In addition, the Agreement provided that Michael would be responsible for a share of the children’s day care costs. The Agreement defined “daycare” as “those child care costs incurred for the control and supervision of the child during the parent’s hours of employment.”

Finally, the Agreement provided that each party would claim one child as a dependent for tax purposes, and that the parties would alternate annually claiming the third child as a dependent. The court [7]*7adopted and incorporated the Agreement in its decree of dissolution dated July 28, 1992.

At the time the marriage was dissolved, Michael was employed in the construction business, earning about $30,000 per year. Kimberly was a secretary for the local school district and earned almost $ 18,000 per year. Afew months after the marriage was dissolved, in February 1993, Michael, as was anticipated, changed employment. His income from his new employment with the Montana State Highway Department was $22,692 per year, which he supplemented by undertaking various construction jobs. On May 3, 1993, Michael filed “Amended Motions” for modification of child support, requesting that his child support payment obligation be lowered in accordance with his decreased salary.

On August 10,1993, Kimberly filed a counter-motion for modification of visitation and child support, based on her intention of moving to Billings, Montana to attend school. Kimberly quit her secretarial position and on August 15, 1993, moved with the three children to Billings where she enrolled at Eastern Montana College as a full-time student. To manage her daily living expenses, and to pay for her tuition, Kimberly obtained student loans, federal tuition grants, subsidized housing, and other public assistance.

On November 18, 1993, the court heard the parties’ pending motions. Counsel for Michael and Kimberly were present at the hearing, as was Ann Hefenieder, on behalf of the Department of Social and Rehabilitation Services, Child Support Enforcement Division (Ms. Hefenieder became involved in the proceedings once Kimberly began receiving public assistance monies.) On November 29, 1993, Ms. Hefenieder filed a proposed child support calculation, which recommended that Michael’s child support obligation be calculated at $183.41 per month, per child. Ms. Hefenieder calculated her child support obligation figures in part by imputing no income to Kimberly and by allowing Michael “four exemptions:” himself and the three children as dependents.

On November 30, the court issued its partial findings of fact, conclusions of law and order, by which it set out a visitation schedule that provided Michael with 75 days of physical custody of the children, required Michael to continue paying his present share of child care costs while Kimberly was in school, and continued Michael’s child support obligation previously established by the decree of dissolution. On December 15, 1993, the court issued its supplemental findings of fact, conclusions and order, setting Michael’s child support [8]*8obligation at $550.25 per month, based in part on Ms. Hefenieder’s recommendation.

On February 8,1994, Michael filed a document entitled “Motions,” by which he requested the court to vacate and reconsider its partial findings of fact, conclusions of law and order, and its supplemental findings of fact, conclusions and order. In that document, Michael requested that he be allowed to claim all three children as dependents, and also offered essentially the same arguments on the same issues as we have been asked to review here. On March 25,1994, the District Court denied Michael’s “Motions.”

On April 11,1994, Michael filed with this Court his notice of appeal of the District Court’s partial findings of fact, conclusions of law and order, the court’s supplemental findings of fact, conclusions and order, and the court’s March 25,1994 order. On October 14,1994, we ordered that the case be remanded to the District Court for a hearing to determine if a case that this Court decided after the District Court’s disposition of the matter, In re the Marriage of Johnson (1994), 266 Mont. 158, 879 P.2d 689, had any bearing on the court’s modification of custody. The District Court held a hearing in accordance with our order, and on December 15,1995, issued its “Order and Memorandum on Remand Regarding Johnson Decision”, concluding that Johnson did not apply to the instant case.

Presently, the parties and Ms. Hefenieder have stipulated to the five issues presented by Michael for our review. The parties have farther stipulated that Ms. Hefenieder, on behalf of the Montana State Department of Social and Rehabilitation Services, Child Support Enforcement Division, shall address and brief issues one, two, and three, and that Kimberly shall address and brief issues four and five. The question of the applicability of Johnson is relevant to Issue Five and will be discussed in that portion of this Opinion.

ISSUE ONE

Did the District Court err in awarding Kimberly daycare expenses incurred as an incident to her status as a student?

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Bluebook (online)
931 P.2d 691, 281 Mont. 1, 54 State Rptr. 32, 1997 Mont. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-syverson-mont-1997.