Marriage of Frederiksen v. Frederiksen

368 N.W.2d 769, 1985 Minn. App. LEXIS 4249
CourtCourt of Appeals of Minnesota
DecidedJune 4, 1985
DocketC4-84-1709
StatusPublished
Cited by23 cases

This text of 368 N.W.2d 769 (Marriage of Frederiksen v. Frederiksen) 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 Frederiksen v. Frederiksen, 368 N.W.2d 769, 1985 Minn. App. LEXIS 4249 (Mich. Ct. App. 1985).

Opinion

OPINION

LESLIE, Judge.

Appellant Dale Richard Frederiksen petitioned to dissolve his marriage with respondent Kathryn Irene Frederiksen in July 1981. Following trial of this matter in June 1982 the trial court entered its findings of fact, conclusions of law and order for judgment dissolving the parties’ marriage, dividing the marital property and allowing payment of spousal maintenance to respondent. After the trial court denied respondent’s motion for amended findings, respondent appealed to a three judge district court panel. The appeals panel reversed and remanded the case for consideration of additional evidence and reconsideration of the property division and maintenance awards.

On remand in June 1984, and following the filing of an affidavit of prejudice, a different trial court heard the matter and issued amended findings of fact, conclusions of law and order for judgment. Both parties moved the court to amend its amended findings but the trial court denied both motions. Appellant then filed notice of appeal. Respondent timely filed notice of review.

We affirm in part, reverse in part and remand.

FACTS

Appellant Dale Frederiksen and respondent Kathryn Frederiksen were married for approximately 28 years. During that time they raised eight children on their family farm near Morgan, Minnesota. In June 1982, the time of the first trial, only one child had not reached majority. Appellant was then 48 and respondent was 46.

After considering the parties’ assets the trial court found the value of the marital estate to be $56,198.65 as of June 1982. The court found the value of the appellant’s non-marital estate to be $265,248. Neither party contests these findings.

Respondent has experienced serious emotional and physical problems over many years. Apparently doctors believed she suffered from severe narcolepsy and depression as early as childhood. In the late 1950’s after diagnosing narcolepsy they prescribed ritalin, an amphetamine, to which respondent gained an addiction. She also has been dependent upon another prescribed medication. Physicians treating her at the time of the June 1984 hearing, however, testified that she was not narcoleptic, since she took sedatives to fall asleep at night. Whether due to her chemical dependency or other emotional problems, respondent has been repeatedly hospitalized.

Respondent also has a long history of obesity. In 1971 she underwent a surgical stomach by-pass procedure. That procedure was reversed in 1981 after respondent suffered a catatonic seizure. At the hearing in June 1984 a physician testified that respondent still has an obesity problem.

Respondent testified that she wants to undergo a surgical stomach stapling procedure to help her reduce her weight. Her *773 physician testified that the stomach stapling procedure would help her reduce her weight and improve her health. Weight reduction, according to the physician, would also benefit respondent’s emotional condition by improving her self image.

Respondent has no marketable skills. Appellant, on the other hand, continues to farm land his parents conveyed to him as well as acreage held by his second wife. His earnings have fluctuated widely. In 1982 he suffered substantial losses, reporting a $169,844 loss to the Internal Revenue Service. In 1983 he reported income of $77,107. His primary creditor, the local Production Credit Association, has limited his annual personal expenditures to $24,-000.

The trial court decision

The trial court vested title to the parties’ farm, and all the farm machinery and related holdings in appellant. Other than personal property of no substantial value, the trial court did not award any of the parties’ non-liquid assets to respondent. The trial court explained that it thought permanent spousal maintenance would replace such an award.' The court nonetheless ordered appellant to pay the following amounts to respondent:

The court also ordered appellant to pay respondent $1,000 per month in spousal maintenance until July 1, 1986 — when the trial court thought respondent might earn a small income through employment— $800.00 per month until May 1,1996 — when respondent qualifies for social security— and $600.00 per month thereafter until respondent dies or remarries or appellant dies. Appellant must pay additional amounts to maintain health insurance for respondent indefinitely. Appellant was awarded custody of the only minor child remaining from the marriage and has supported him since the divorce decree. Finally, the trial court ordered that a trust be established to manage all of respondent’s assets from the divorce decree, to invest her funds, and to pay her creditors.

ISSUES

1. Did the trial court err in its division of the parties’ property when it ordered appellant to pay post-dissolution decree debts incurred by respondent?

2. Did the trial court properly award $10,000 to respondent for the cost of a weight reduction surgical procedure?

3. Do the circumstances of this case justify the trial court’s award of the entire marital estate and approximately $30,000 of appellant’s non-marital assets to respondent?

4. Did the trial court abuse its discretion when it established the amount of spousal maintenance?

5. Was the trial court’s order reducing permanent spousal maintenance in 1986 and 1996 an abuse of discretion?

6. Was the trial court’s failure to order that spousal maintenance payments continue following appellant’s death or respondent’s remarriage an abuse of discretion?

7. Did the trial court err when it failed to create a lien upon appellant’s farm in respondent’s favor to secure payment of spousal maintenance?

8. Did the trial court abuse its discretion by failing to order that appellant will be liable for all of respondent’s medical expenses should he default on his obligation to pay respondent’s medical insurance?

9. Did the trial court err when it established a trust to administer respondent’s financial affairs but failed to appoint a trustee or direct the trustee on the management of her financial problems and failed to set specific dates for appellant to pay into the trust portions of the property division designated for payment of respondent’s debts?

*774 10. Did the trial court’s failure to order appellant to pay an auditor retained by respondent to provide evidence at trial constitute an abuse of discretion?

11. Did the trial court err when it refused to order appellant to pay respondent’s former attorney’s fees?

12. Did the trial court abuse its discretion when it ordered appellant to pay only part of the fees respondent’s current attorney billed for trial and appeal?

ANALYSIS

1.Respondent’s post-decree expenses

The amended judgment orders appellant to pay specified debts which respondent incurred following the initial dissolution decree but before the second trial in June 1984. Those debts comprise $31,154.50 in medical expenses and $6,670.00 in miscellaneous bills.

In Filkins v. Filkins,

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Bluebook (online)
368 N.W.2d 769, 1985 Minn. App. LEXIS 4249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-frederiksen-v-frederiksen-minnctapp-1985.