Marriage of Christenson v. Christenson

490 N.W.2d 447, 1992 WL 276993
CourtCourt of Appeals of Minnesota
DecidedJanuary 15, 1993
DocketCX-92-951
StatusPublished
Cited by3 cases

This text of 490 N.W.2d 447 (Marriage of Christenson v. Christenson) 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
Marriage of Christenson v. Christenson, 490 N.W.2d 447, 1992 WL 276993 (Mich. Ct. App. 1993).

Opinions

OPINION

DAVIES, Judge.

Appellant challenges the district court’s order assessing $49,366 in maintenance ar-rearages against appellant, offset by his lien on the homestead. Appellant also claims that the court erroneously denied his motion to modify this maintenance obligation and his request for an evidentiary hearing. We affirm.

FACTS

Appellant Raymond Christenson and respondent Linda Christenson were married on July 13, 1968, and divorced on November 3, 1978.

Based upon the parties’ written stipulation, respondent was awarded the homestead, subject to a lien in favor of appellant entitling him to one-half of the net proceeds upon various occurrences, including its sale or the emancipation of the minor children. Paragraph V of the decree, also based upon the parties’ written stipulation, provides:

That as and for alimony, [appellant] is ordered to make premium payments on the health insurance conversion coverage for [respondent as available under the City of Spring Lake Park Group Health Plan. It will be the responsibility of [respondent to obtain this health insurance conversion coverage in accordance with the conversion provisions of the City of Spring Lake Park Group Health Plan.

(Emphasis added.)

Respondent had had surgery for a brain tumor during the marriage and, although she was fully employed as a nurse at the time of the stipulation, the parties believed that obtaining health insurance coverage for her in the future would be difficult.

[449]*449As required by the decree, appellant obtained the insurance coverage for respondent. But he stopped paying the premiums in June 1981, and respondent immediately moved the court for an order adjudicating appellant in contempt for his failure to pay the premiums. Appellant, in response, moved the court for an order modifying the dissolution decree by terminating his obligation to pay health insurance premiums, arguing that the insurance was no longer needed because respondent had obtained a second, equivalent policy through her employer. On March 19, 1982, the district court confirmed a referee’s order denying appellant’s motion for modification and ordering appellant to reimburse respondent for the premiums she had paid to maintain the first policy.

Appellant complied, but in August 1982, he again discontinued payment of the premiums on respondent’s first health insurance policy. This time, respondent did not pay the premiums herself, and the policy lapsed.

Years later, on September 10, 1991, the matter again came to the court’s attention upon the youngest child’s emancipation, when appellant moved for an order requiring respondent to sell the parties’ homestead and to give him his portion of the net proceeds. He also asked the court to amend the decree by deleting his obligation to pay insurance premiums, an obligation he had not met for nine years. In response, respondent moved the court for an order requiring appellant to pay premiums and to assess arrearages against him. On December 11, 1991, a referee denied appellant’s motion and granted respondent’s motion, offsetting appellant’s lien on the homestead against his maintenance arrear-ages, which left $17,548.53 still owed to respondent. On April 21, 1992, after an independent review of the record and the parties’ memoranda, the district court confirmed the referee’s order.

ISSUES

I.Was it an abuse of discretion not to forgive appellant’s maintenance arrearages consisting of the premiums for health insurance never purchased?

II. Was there evidence supporting ar-rearages in the amount of $49,366?

III. Was it error to deny appellant’s motion for modification of his maintenance obligation?

IV. Was it error to deny appellant’s motion for an evidentiary hearing?

ANALYSIS

I.

Appellant argues that the court abused its discretion by failing to forgive appellant’s arrearages.

Forgiveness of arrearages consti-tutés a retroactive modification of a maintenance obligation. See Gabbert v. Gabbert, 358 N.W.2d 163, 165 (Minn.App.1984), pet. for rev. denied (Minn. Feb. 27, 1985). Minn.Stat. § 518.64, subd. 2(c) (Supp.1991), provides:

A modification of * * * maintenance may be made retroactive only with respect to any period during which the petitioning party has pending a motion for modification but only from the date of service of notice of the motion on the responding party.

(Emphasis added.) Section 518.64, subdivision 2(c), also allows retroactive modification for a period when no motion for modification was pending where the court expressly finds that the party had been prevented from serving a motion because of “a significant physical or mental disability, a material misrepresentation of another party, or fraud upon the court.”

In this case, after the denial of his motion for modification in 1982, appellant did not serve respondent with a renewed motion for modification until September 11, 1991. Under the statute, since no motion was pending during the nine-year period and no findings of disability, misrepresentation, or fraud were made, appellant’s maintenance obligations prior to September 11, 1991, cannot be forgiven.

Appellant argues, however, that equity requires forgiveness of his obligation, since [450]*450an award based on the unpaid premiums constitutes a windfall to respondent, who would not actually have received these amounts had appellant maintained the insurance as required. Respondent has been damaged, however, and will receive no windfall, for she has gone nine years without the intangible, but real, benefit of insurance coverage — a security the decree required appellant to provide for her. The arrearage in this case was, in effect, simple maintenance measured by the cost of health insurance premiums, and it was the only maintenance awarded in this case.

Further, to seek equity, one must approach the court with clean hands, and one may not profit from one’s own wrongdoing. See Edin v. Jostens, Inc., 343 N.W.2d 691, 694 (Minn.App.1984). Had appellant acted in accordance with the district court’s orders, he would have been required to pay $49,366 over the last nine years. Appellant’s failure to pay the premiums is in direct violation of the district court’s order of March 19, 1982, relating to this very issue. Appellant failed to appeal that decision, and he may not now profit from his failure to comply with the dissolution decree and with the 1982 district court order.

II.

Appellant claims the district court erroneously adopted respondent’s figures based upon a hypothetical insurance policy in finding that arrearages amount to $49,-366. The fact that the original policy no longer exists, but was allowed to lapse, is a result of appellant’s own actions. Respondent adequately supported her figures with a letter from an insurance company showing the quarterly premium rates since 1982 on a policy such as the one contemplated. Appellant did not rebut respondent’s supporting evidence.

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Related

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490 N.W.2d 447, 1992 WL 276993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-christenson-v-christenson-minnctapp-1993.