Marriage of Haasken v. Haasken

396 N.W.2d 253, 1986 Minn. App. LEXIS 4963
CourtCourt of Appeals of Minnesota
DecidedNovember 18, 1986
DocketC2-86-496
StatusPublished
Cited by16 cases

This text of 396 N.W.2d 253 (Marriage of Haasken v. Haasken) 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 Haasken v. Haasken, 396 N.W.2d 253, 1986 Minn. App. LEXIS 4963 (Mich. Ct. App. 1986).

Opinion

OPINION

HUSPENI, Judge.

This is an appeal from a dissolution judgment and an order amending the judgment but denying appellant’s motion for a new trial. Appellant, Richard Haasken, argues that the trial court’s delay in entering the original judgment and its ex parte communications during that delay warrant a new trial. He also claims that the trial court abused its discretion by granting custody of the children to respondent; by setting the amount and duration of spousal maintenance; by making him responsible for all the tax liability on the sale of marital stock; by valuing a lake lot and by invading his nonmarital assets. Respondent filed a notice of review and argues that she was entitled to permanent spousal maintenance and that appellant’s yearly bonuses should have been included as income in setting child support. She further contends that the trial court abused its discretion in limiting what schools the children attend; in setting the terms of visitation; in dividing dividends and interest and in denying her attorney’s fees. We affirm.

FACTS

Appellant and respondent were married in October, 1972. They separated in March, 1984, and a dissolution hearing was held in February and March of 1985. A dissolution decree was entered on December 24,1985. At the time of the dissolution hearing, appellant was forty-one years old and respondent was thirty-eight. They had three children, ages five, one-and-a-half years and four months.

Both parties sought custody of the three children. Appellant was concerned about respondent’s disciplinary skills claiming she had left bruises on their oldest daughter when spanking her. Appellant also testified that respondent’s religious beliefs had intensified over the last four years and that this had affected her parenting. In particular, he strongly objected to the church school respondent wanted their five-year-old daughter to attend. Appellant claimed *256 the school facility was a “pole barn,” and that there were sixty to sixty-five students and three teachers for grades kindergarten through twelve. He stated the curriculum was concentrated on religious education and did not offer all the courses necessary for state certification.

Respondent testified that she had sought help from a psychologist to improve her parenting skills. She stated that she only wanted to send their daughter to the church school because she thought it would offer the child extra attention and assurance during the parties’ divorce proceedings.

The custody evaluator testified that the children interacted equally with both parties. She noted it would be an adjustment for the children to relocate and live with appellant, particularly for the baby who was still nursing. The evaluator testified that in her interview with the parties’ five-year-old daughter, she said she liked both parents but wanted to live with respondent. The evaluator recommended that it would be in the children’s best interests if respondent were granted custody of the children.

The trial court granted sole legal and physical custody of the children to respondent, finding that she was the primary parent during the marriage and that she was a fit person to have custody. Appellant was granted liberal and reasonable visitation including the right to a daily twenty minute phone call with the children. The trial court also required that the children be placed in public school unless the parties can agree otherwise.

Appellant was ordered to pay child support of $1,100.00 per month. The trial court found that he also had the ability to earn bonuses in his current position but that the bonuses were not a guaranteed income source. The bonuses were not included in appellant’s net income for the determination of child support.

The trial court recognized the disparity in the parties’ earning capacities. At the time of the hearing, appellant was employed as manager of a discount retail store with a gross yearly income of approximately $64,400. Respondent’s employment history consisted primarily of clerical and retail sales positions, but she had not been employed outside of the home since 1976. The trial court noted that respondent was the custodian of three small children and that her reentry into the work force would most likely be delayed until the children could care for themselves. The trial court ordered appellant to pay respondent spousal maintenance in the sum of $600 a month until the youngest child enters first grade; appellant is then to pay $400 per month for two years and then $200 per month for two years. The spousal maintenance was characterized as temporary for the purpose of respondent’s retraining or further education.

In dividing the parties’ property, the trial court emphasized that it attempted to make an equitable, not an equal, property division. Respondent received marital assets worth approximately $74,414. Her total property award was $112,250.50, which included appellant’s nonmarital interest in the homestead worth $37,835.19.

Appellant received all interest in the parties’ lakeshore property, which the trial court found to have a market value of $38,000 with a current equity of $23,703.90. When combined with other assets granted to him, appellant’s share of marital property totaled approximately $92,566. At the time of the dissolution hearing both parties presented expert testimony on the value of the lakeshore property. Respondent’s expert valued the land at $38,000 while appellant valued the land at $19,500. Appellant acknowledged that the lakeshore property had special personal value to him because his father owned the adjacent lot. Additional marital property awarded in its entirety to appellant consisted of over 1400 shares of Dayton-Hudson Corporation stock, 629 of which are part of a company stock purchase plan on a tax-deferred basis.

ISSUES

1. Did the trial court’s delay in issuing its original judgment and its communica *257 tion with a visitation mediator during that time require a new trial?

2. Was the trial court’s judgment regarding custody and visitation an abuse of its discretion?

3. Did the trial court abuse its discretion by granting respondent temporary spousal maintenance?

4. Did the trial court abuse its discretion in its valuation of property?

5. Did the trial court abuse its discretion in its division of marital and nonmari-tal property?

6. Did the trial court err by not including appellant’s potential bonuses as income when setting child support?

7. Did the trial court err by not awarding respondent attorney’s fees?

ANALYSIS

I.

DELAYED JUDGMENT

The decree in this case was entered almost ten months after the dissolution hearing. The trial court explained that it delayed entering the decree in an effort to diffuse some of the animosity between the parties over the visitation issue. The trial court had hoped to employ the mediation process to reach a solution to the visitation problem that would be acceptable to all parties involved. Unfortunately, as the trial court acknowledged, this approach failed.

Minn.Stat.

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

Related

County of Washington v. TMT Land V, LLC
791 N.W.2d 132 (Court of Appeals of Minnesota, 2010)
Marriage of Desrosier v. Desrosier
551 N.W.2d 507 (Court of Appeals of Minnesota, 1996)
Barnier v. Wells
476 N.W.2d 795 (Court of Appeals of Minnesota, 1991)
Marriage of McCulloch v. McCulloch
435 N.W.2d 564 (Court of Appeals of Minnesota, 1989)
Booth v. Booth
371 S.E.2d 569 (Court of Appeals of Virginia, 1988)
Marriage of Joneja v. Joneja
422 N.W.2d 306 (Court of Appeals of Minnesota, 1988)
Marriage of Davey v. Davey
415 N.W.2d 84 (Court of Appeals of Minnesota, 1987)
Marriage of Lynch v. Lynch
411 N.W.2d 263 (Court of Appeals of Minnesota, 1987)
Marriage of Theroux v. Boehmler
410 N.W.2d 354 (Court of Appeals of Minnesota, 1987)
Marriage of Letsch v. Letsch
409 N.W.2d 239 (Court of Appeals of Minnesota, 1987)
Marriage of Novak v. Novak
406 N.W.2d 64 (Court of Appeals of Minnesota, 1987)
Marriage of Flynn v. Flynn
402 N.W.2d 111 (Court of Appeals of Minnesota, 1987)
Larson v. Hill's Heating & Refrigeration of Bemidji, Inc.
400 N.W.2d 777 (Court of Appeals of Minnesota, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
396 N.W.2d 253, 1986 Minn. App. LEXIS 4963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-haasken-v-haasken-minnctapp-1986.