LeTendre v. LeTendre

388 N.W.2d 412, 1986 Minn. App. LEXIS 4390
CourtCourt of Appeals of Minnesota
DecidedJune 3, 1986
DocketCX-85-2292
StatusPublished
Cited by19 cases

This text of 388 N.W.2d 412 (LeTendre v. LeTendre) 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
LeTendre v. LeTendre, 388 N.W.2d 412, 1986 Minn. App. LEXIS 4390 (Mich. Ct. App. 1986).

Opinion

OPINION

CRIPPEN, Judge.

Alan LeTendre appeals from the trial court’s order increasing his child support obligation, ordering biennial cost-of-living adjustments to the support order, holding a stipulation invalid as not judicially approved, and denying him attorney’s fees. Respondent Roxanne LeTendre asks for review of the trial court’s computation of appellant’s net monthly income. We affirm in part and remand for further findings.

FACTS

The marriage of the parties was dissolved in 1973. The court granted respondent custody of the child of the parties and ordered appellant to pay child support of $88 per month. Appellant, however, did not pay any child support from the date of the dissolution through 1980.

In April 1981, the parties executed a stipulation stating forgiveness of all of appellant’s child support arrearages in return for his promise to pay $800 annually. Appellant fulfilled this promise from 1981 through 1984. The stipulation was never judicially approved. However, in June 1981, appellant also entered into and complied with a judicially approved stipulation with the county that forgave accrued ar-rearages through March 1978.

In July 1985, respondent moved the court for an increase in the amount of child support and for an order requiring appellant to pay all support arrearages. Appellant countermoved for dismissal of respondent’s motion and for an order giving judicial approval to the parties’ stipulation forgiving all arrearages. Both parties requested attorney’s fees and costs.

At the modification hearing, the trial court found that appellant’s net monthly income at the time of the dissolution was $435. Appellant has been self-employed since 1981. Using income tax returns for the years 1980 through 1984 and his income statement for the first seven months of 1985, the court found that appellant’s net monthly income had increased to $900. The trial court made no findings regarding appellant’s expenses.

The trial court found that respondent’s net monthly income had increased since entry of the dissolution judgment from $327 to $1140 and that her monthly expenses had increased from $438 to $2000. Although respondent has remarried and the trial court found that her husband is “gainfully employed,” the court made no findings regarding his income or expenses. The findings on respondent’s increased expenses did not separate her expenses from the needs of the child.

The court found that appellant’s substantially increased earnings and the substantially increased expenses of respondent and the child made the original support order unreasonable and unfair and accordingly increased appellant’s support obligation to $200, the amount dictated by the statutory guidelines. The court made no findings on the need for cost-of-living adjustments, but *415 incorporated by reference the statutory notice for the adjustments.

Because the April 1981 stipulation of the parties had not been judicially approved, the court found it to be invalid. However, the court found that appellant’s reliance on the terms of the stipulation was reasonable and so forgave the arrearages that accrued between 1981 and 1984 (the difference between $800 paid annually and the ordered obligation of $88 per month). The court forgave arrearages arising before April 1978, based on the June 1981 (judicially approved) stipulation. The trial court ordered appellant to pay all remaining arrear-ages ($88 per month for 37 months after April 1978, plus $666 ($800 12x10) for the first ten months of 1985).

The trial court denied both parties’ motions for attorney’s fees. Alan LeTendre appeals, and Roxanne LeTendre asks for review of the trial court’s computation of appellant’s net monthly income.

ISSUES

1. Did the trial court abuse its discretion in determining that the change in the parties’ circumstances justifies a modification in the child support award?

2. Are the trial court’s findings sufficient to support the amount of increase awarded?

3. Did the trial court clearly err in its determination of the amount of appellant’s income?

4. Did the trial court properly invalidate the parties’ stipulation?

5. Did the trial court abuse its discretion in ordering biennial cost-of-living adjustments?

6. Did the trial court abuse its discretion in failing to award attorney’s fees?

ANALYSIS

1. The decision to modify a child support order lies in the broad and sound discretion of the trial court, and an appellate court will reverse for an abuse of that discretion only where it finds a “clearly erroneous conclusion that is against logic and the facts on record * * Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn.1984). That discretion, however, must be exercised within the limits set out by the legislature. The statute governing modification reads:

The terms of a decree respecting maintenance or support may be modified upon a showing of one or more of the following: [1] substantially increased or decreased earnings of a party; (2) substantially increased or decreased need of a party; (3) receipt of assistance under sections 256.-72 to 256.87; or (4) a change in the cost-of-living for either party as measured by the federal bureau of statistics, any of which makes the terms unreasonable and unfair.

Minn.Stat. § 518.64, subd. 2 (1984).

The supreme court recently clarified the application of the modification statute. See Moylan v. Moylan, 384 N.W.2d 859 (Minn.1986). Moylan requires a two-part analysis. First, the court must consider the four factors listed in the statute to determine whether they, “alone or in combination, create a substantial change in circumstances warranting a modification of child support * * Moylan, 384 N.W.2d at 864.

In the present case, the court satisfied this first step by finding that the original order had become unreasonable and unfair due to the combination of the increase in appellant’s earnings from $435 to $900 and the increase in respondent’s needs from $438 to $2000. Although appellant argues that the corresponding increase in respondent’s income from $327 to $1140 offsets her increased needs, a fact bearing on the determination whether the prior support award was unfair, we conclude there is no clear error in a finding that modification is warranted. The trial court’s determination on this issue was not an abuse of discretion.

2. Once the trial court finds that a modification is warranted, it must then consider and make express findings on all of the appropriate statutory factors to determine the amount of the modification. Id. *416 at 864-65. 1 See Minn.Stat. § 518.17, subd. 4 (1984). The findings are inadequate if the record “fails to reveal that the trial court actually considered the appropriate factors.” Moylan, 384 N.W.2d at 865.

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Cite This Page — Counsel Stack

Bluebook (online)
388 N.W.2d 412, 1986 Minn. App. LEXIS 4390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/letendre-v-letendre-minnctapp-1986.