Marriage of Gabrielson v. Gabrielson

363 N.W.2d 814, 1985 Minn. App. LEXIS 3912
CourtCourt of Appeals of Minnesota
DecidedMarch 5, 1985
DocketC4-84-1340
StatusPublished
Cited by7 cases

This text of 363 N.W.2d 814 (Marriage of Gabrielson v. Gabrielson) 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 Gabrielson v. Gabrielson, 363 N.W.2d 814, 1985 Minn. App. LEXIS 3912 (Mich. Ct. App. 1985).

Opinion

OPINION

HUSPENI, Judge.

Appellant husband appeals from those provisions in the decree of marriage dissolution which divided the parties’ property, set child support, and granted temporary maintenance to respondent wife. We affirm.

FACTS

Paul and Suanne Gabrielson were married on December 13, 1969. In a bifurcated judgment, the marriage was dissolved on August 18, 1983. At that time, Suanne was granted custody of the parties’ three children, who were 3, 8, and 10. The property division, child support, and maintenance issues were reserved in the August 18, 1983 decree, and resolved by judgment entered April 23, 1984.

Husband was employed by the Gabriel-son Cattle Corporation, a closely-held corporation formed in 1973 by his parents, Gordon and Mildred Gabrielson. Husband subsequently purchased 49% of the stock from them, on a promissory note, for $108,-184. The note is in default, accruing interest on the balance of $83,204.35 at 6% since April 1, 1982. There has been no attempt to collect this debt.

Wife did not work outside the home during the marriage. Since the parties’ separation in late 1981, she has returned to college to obtain a degree in teaching. She will graduate in June 1985.

The parties’ main asset is their vendee’s interest in 120 acres of farmland, purchased on a contract for deed from husband’s parents. This land is valued at $110,000, encumbered by a mortgage of $17,908.90 and a balance on the contract of $8,940.84 (both with interest from December 1, 1981). Its value reduced by the encumbrances was approximately $76,-707.13 at the time of the judgment. The senior Gabrielsons previously attempted to declare the contract in default, but husband obtained an injunction barring their action. This land was rented to the corporation.

The value of the minority interest in Ga-brielson Cattle Corporation is uncertain. The trial court found:

7. That the minority interest in Gabriel-son Cattle Corporation has no value unless it could be sold with the concurrence of Respondent’s father in which event it would have a value of $44,400.00.
8. That the value of Gabrielson Cattle Corporation assumes the validity of the debt owed to Respondent’s father, the major shareholder. Such debt is listed on the corporate books as being $17,-120.00 to equalize rent over 5 years; $84,567.00 to equalize wages over 5 years and $60,000.00 for building rent for 5 years. The total debt due the Respondent’s father from the corporation in the sum of $161,687.00 represents approximately 25% of the total debt of the corporation.

Wife challenges this debt.

Husband’s gross wages ranged from $17,700 in 1978 to a high of $25,762 in 1981. They were $19,500 in 1982. He received rent for the 120 acres totalling $10,479 in 1978, with a low rent of $2,841 in 1981. The rent paid for the land is lower than fair market rent. The amount of wages and rent paid to husband and his father each year varied, reflecting the success of the cattle operation. Both received insurance paid by the corporation, meat, housing, vehicles, fuel, and other in-kind income. Husband spent a portion of 1982 in South Dakota, selling Gabrielson cattle without corporate authorization, appropriating the pro *816 ceeds of $17,036.39 for himself. Apparently there has been no attempt to collect this debt, although husband claims he is obligated in that sum.

Husband’s wages dropped to $7,570 in 1983, with an additional $7,200 received as rent. He testified his income went down because “I didn’t put in as much time and I am not managing the place like I was before.” His father concurred. In 1984 his salary was set at $300 per week. In addition, he received housing, a vehicle, fuel, insurance, and other in-kind income.

During the parties’ separation, husband consistently failed to meet his court-ordered support obligations. The Gabrielson corporation provided a home, meat, and some money for wife and the children. Wife began contempt proceedings several times to force support payments from husband.

The trial court found husband has the ability to earn a yearly net income of at least $17,500. The trial court also found husband’s conduct had a detrimental effect on the size and value of the marital estate since 1982, and his conduct contributed to the substantial reduction in wages in 1983. The court established child support at $135 per month for each of the three children. Husband is obligated to maintain insurance for the minor children. Wife was awarded $400 per month in temporary maintenance to cease June 1985, when it is expected she will graduate.

Husband received the corporate stock and the debt which accompanies it. The court ordered the 120 acres sold. The proceeds were to be applied first to extinguish the mortgage and contract for deed, to pay all real estate taxes, appraisal and attorney’s fees for the dissolution, and the 1982 and 1983 income taxes. The remaining proceeds were to be divided equally between the parties. Due to husband’s repeated failures to pay support, his share of the proceeds was to be placed in trust to secure child support, maintenance, and all other payments required in the decree. Husband was also given responsibility for a $4,820 debt to his parents (for their support of wife in his absence), $598 to the Luverne Oil Company, and $117 to the Lu-verne Medical Center.

Wife received her half-interest in the sale of the 120 acres. She is responsible for her own educational loans, expected to reach $5,900. She was also awarded $3,000 to replace the corporate car she was driving.

ISSUES

1. Did the trial court abuse its discretion in the property division?

2. Did the trial court abuse its discretion in setting child support?

3. Did the trial court abuse its discretion in awarding temporary maintenance?

ANALYSIS

1. The trial court has broad discretion in dividing property upon dissolution of a marriage. Bogen v. Bogen, 261 N.W.2d 606, 609 (Minn.1977). The trial court’s findings will not be overturned absent a clear abuse of that discretion. Id.

Husband claims that the property division, when considered with the child support and maintenance orders, gives him more debts than income. He received the 49% interest in the corporation, together with the corresponding debt. The 49% corporate interest, when combined with the corporate debt, arguably gives husband a negative net worth. The parties’ other main asset, the 120 acres, was divided equally.

Husband’s primary objection on appeal appears to be the placing of his share of the acreage sale proceeds in trust. Such placement is authorized by Minn.Stat. § 518.57 (1982). Husband’s track record shows him repeatedly failing to meet his court-ordered support obligations. Indisputably, the children’s best interests will be served by assuring that their needs are timely met through regular child support payments. While it is possible that husband in the future might improve his support payment record, under the facts of this case we can find no error in the trial *817

Free access — add to your briefcase to read the full text and ask questions with AI

Related

RISK EX REL. MILLER v. Stark
787 N.W.2d 690 (Court of Appeals of Minnesota, 2010)
Marriage of Lenz v. Lenz
409 N.W.2d 68 (Court of Appeals of Minnesota, 1987)
Marriage of Ulrich v. Ulrich
400 N.W.2d 213 (Court of Appeals of Minnesota, 1987)
Marriage of Sullivan v. Sullivan
393 N.W.2d 521 (Court of Appeals of Minnesota, 1986)
Marriage of Looyen v. Martinson
390 N.W.2d 465 (Court of Appeals of Minnesota, 1986)
Marriage of Resch v. Resch
381 N.W.2d 460 (Court of Appeals of Minnesota, 1986)
Marriage of Cavegn v. Cavegn
378 N.W.2d 636 (Court of Appeals of Minnesota, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
363 N.W.2d 814, 1985 Minn. App. LEXIS 3912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-gabrielson-v-gabrielson-minnctapp-1985.