Kowalzek v. Kowalzek

360 N.W.2d 423, 1985 Minn. App. LEXIS 3705
CourtCourt of Appeals of Minnesota
DecidedJanuary 8, 1985
DocketC5-84-987
StatusPublished
Cited by7 cases

This text of 360 N.W.2d 423 (Kowalzek v. Kowalzek) 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
Kowalzek v. Kowalzek, 360 N.W.2d 423, 1985 Minn. App. LEXIS 3705 (Mich. Ct. App. 1985).

Opinion

OPINION

NIERENGARTEN, Judge.

Patricia Kowalzek appeals from a judgment and decree in a dissolution of marriage. She contends the trial court erred in deviating from the child Support payment guidelines contained in Minn.Stat. §§ 518.-17, subd. 5 and 518.551, subd. 5, (Supp. 1983). In addition, she contends the trial court erred when it awarded a greater share of the marital interest in the homestead property to her former husband, respondent Paul Kowalzek. Paul Kowalzek argues that if the division of the marital interest in the homestead is reversed, this court should review the trial court’s award to Patricia Kowalzek of her entire profit sharing benefits.

We affirm the property division, but remand to the trial court to consider the proper statutory factors relative to child support.

FACTS

The parties were married on July 3,1982. One child, Christopher, was born on June 3, 1983. Appellant Patricia Kowalzek commenced an action for dissolution in November of 1983. The marriage was dissolved on May 1, 1984, in Dakota County Court.

Patricia Kowalzek is employed by Phillip Morris Company with a net monthly income *425 of $918.00 and monthly expenses of about $1,032.00. Patricia has two minor children from a previous marriage; she has had two previous marriages.

Respondent Paul Kowalzek is employed by Juster Steel with a net monthly income of $1,410.00 based on a forty hour work week and five hours of overtime each week which is the amount Paul wishes to work each week even though he had been accumulating about twenty hours of weekly overtime. His monthly expenses are $1,500.00.

The parties were awarded joint legal custody of Christopher and Patricia was awarded physical custody. Paul was given annual visitation rights of approximately 89 days. He was ordered to pay $150.00 per month to Patricia for child support. Child support payment guidelines would have required Paul to pay $352.00 per month based on his net monthly income of $1,410.00.

Until the parties separated in November of 1983, they lived in a house owned by Patricia which she had purchased prior to this marriage. Substantial improvements were made to the property by Paul during the marriage. Both parties submitted appraisals of the value of the property that differed by approximately $5,000.

The court found the homestead to have had a fair market value of $60,700.00 at the time of marriage and $73,500.00 at the time of trial. The court analyzed the increased value of the property as follows:

“Of the $12,800.00 increase in the market value of said property since the time of the marriage, $7,340.00 is a result of repairs, labors and materials added to the property, which materials were purchased by the parties, and which labor was primarily furnished by the Respondent. The remaining $5,460.00 of said increase is due to inflation of housing prices during the intervening period. Of said increase due to inflation, $1,821.00 is marital property and the $7,340.00 increase due to improvements is all marital property.”

Title to the property was awarded to Patricia subject to a lien of $6,415.00 in favor of Paul. The amount of that lien represents fifty percent of the $1,821.00 increase due to inflation and seventy-five percent of the $7,340.00 increase due to improvements.

Paul requested the trial court to award him one-half of the profit sharing benefits of $1,003.00 earned by Patricia during the marriage. He has no profit sharing or pension benefits of his own. The request was denied.

The trial court issued a memorandum but did not incorporate it into the judgment and decree.

ISSUES

1. Did the trial court err in deviating from the child support payment guidelines set forth in Minn.Stat. §§ 518.17, subd. 5 and 518.551, subd. 5?

2. Did the trial court err in awarding a greater share of the marital interest in the homestead to Paul?

3. Did the trial court err in awarding all of Patricia’s profit sharing benefits to Patricia?

ANALYSIS

I

The relevant factors in determining a child support award are 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 discretion of a court in an award of child support is limited by the child support guidelines in Minn.Stat. § 518.551, subd. 5 (Supp.1983). A court cannot order child support in an amount below the guidelines “unless the court makes express findings of fact as to the reason for the lower order.” Minn. Stat. § 518.17, subd. 5 (Supp.1983).

The trial court set child support at $150.00 per month, a figure below the *426 $352.00 mandated by the guidelines. The court made findings of the net monthly incomes and expenses of both parents, adding a memorandum which explained the rationale used in deviating from the guidelines. Consideration of the financial resources of the custodial parent is permissible in calculating proper child support. Minn.Stat. § 518.17, subd. 4(b) (1982). However, that statute lists five subdivisions and the record does not disclose a proper determination of subdivision 4(c) and (d).

We review the trial court’s memorandum solely for the purpose of determining the reasons the court deviated from the child support guidelines. An unincorporated memorandum “may be referred to only for the purpose of throwing light upon or explaining the decision.” Viking Automatic Sprinkler Co. v. Viking Fire Protection Co., 280 Minn. 250, 258, 159 N.W.2d 250, 256 (1968). The memorandum states in pertinent part:

As to support, the Court reviewed the guidelines indicated in Minnesota Statutes, Section 518.551. If [Paul] had obtained custody, [Patricia] would have been required to pay 22 percent of her income of $918 a month, or $202. The guidelines require [Paul] to pay 25 percent of his income of $1,410 per month, or $352. Since both parties are working, the Court subtracted the amount [Patricia] would have been required to pay from that which is required of [Paul], obtaining the amount of $150, the amount of support to be paid by [Paul] to [Patricia], This also allows [Patricia] to meet her anticipated expenses of $1,032, with approximately $36 a month to spare, while, at the same timé, not forcing [Paul] to work long overtime hours to meet his expenses of approximately $1500 per month. The guidelines are intended to be used with the understanding that they are based upon total net income. Using this rationale, the Court arrived upon the figure which appears to be fair and equitable, under all the circumstances of this case.

It is apparent the trial court considered the income and expenses of both parents with the financial needs of Christopher presumably reflected in the court’s finding regarding the expenses of the custodial parent, Patricia Kowalzek. These are all appropriate considerations under section 518.17, subd. 4.

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Bluebook (online)
360 N.W.2d 423, 1985 Minn. App. LEXIS 3705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kowalzek-v-kowalzek-minnctapp-1985.