Marriage of Halper v. Halper

348 N.W.2d 360, 1984 Minn. App. LEXIS 3115
CourtCourt of Appeals of Minnesota
DecidedMay 1, 1984
DocketC4-83-1781
StatusPublished
Cited by26 cases

This text of 348 N.W.2d 360 (Marriage of Halper v. Halper) 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 Halper v. Halper, 348 N.W.2d 360, 1984 Minn. App. LEXIS 3115 (Mich. Ct. App. 1984).

Opinion

OPINION

POPOVICH, Chief Judge.

This is a marital dissolution appeal involving orders for child support and visitation. The marriage of the parties was. dissolved on August 9, 1983 by the Hennepin County District Court, Family Division. The dissolution order incorporated the stipulated division of property and waiver of maintenance as well as the court’s determination of child support and visitation.

Appellant David Halper moved for amended findings increasing visitation and reducing child support. Respondent Carole Ann Halper then requested increased child support and reduced visitation. A hearing was held on September 9,1983 and the trial court issued an amended order and decree on September 23, 1983. The amended order increased appellant’s visitation rights and retained the original award of child support.

On appeal, appellant seeks a reduction in child support. Respondent seeks an increase in child support and a decrease in appellant’s visitation rights.

Affirmed.

FACTS

Carole Ann Brons and David Halper were married in Minneapolis on November 22, 1976. Prior to their marriage, they signed a lengthy antenuptial agreement. This was Carole Ann’s first and David’s second marriage.

Carole Ann gave birth to Nicole Ariel Halper, a normal, healthy child. On March 26, 1983, Carole Ann filed a petition for dissolution. The parties reached their own agreement with respect to a property division, spousal maintenance, and custody. The remaining issues of child support and visitation were submitted to the court on the written record.

David is the sales manager for the National Packaging Division of Stone Container Corporation. His current contract runs until February 1, 1985 and he receives a minimum annual salary of $80,000. This minimum salary is increased annually based upon a review by the General Manager of National. As additional compensation, David receives one-tenth of one percent of National’s sales that are directly and solely attributable to his efforts. He may also receive additional compensation through a management incentive compensation plan. His fringe benefits include hospitalization insurance, a retirement or pension program and life insurance. His reasonable expenses, including all auto expenses, are paid by National. David has also been a successful investor.

David pays child support and alimony pursuant to the decree dissolving his first marriage. He is required to pay $333.33 per month and educational expenses for two children of that marriage until specified circumstances occur. The trial court found that these monthly maintenance and support obligations total $1,683.28. The trial court, however, made no finding of David’s net monthly income.

Carole Ann is an attorney licensed to practice law in the State of Minnesota. When the marriage was dissolved, she was working part-time for the Robert L. Gross-man law firm. Her work time was split between legal work and serving as office manager.

The trial court awarded child support of $1,300.00 per month, subject to a cost of *362 living adjustment in alternate years beginning May 1, 1986, and all medical and dental expenses not covered by a health insurance policy.

The evidence concerning visitation consisted of the parties’ statements, a written custody evaluation by Dr. Jack V. Wallin-ga, and an informal note from Dr. M. Elizabeth Craig. From this evidence, the trial court determined that both parties were fit and proper to have custody of Nicole and granted David liberal visitation.

ISSUES

1. Whether the trial court erred in setting the amount of child support?

2. Whether the trial court abused its discretion in granting liberal visitation rights to the noncustodial parent?

1. (A) Applicability of the support guidelines.

The Minnesota legislature made important changes in laws regulating child support during the 1983 session. One of the most important changes was the establishment of the support guidelines. Act of June 9,1983, ch. 308, § 17,1983 Minn.Laws 1748, 1757-58 (codified at Minn.Stat. § 518.551, subd. 5 (Supp.1983)). The guidelines set support based on the net monthly income of the obligor and the number of dependent children from the dissolved marriage.

The guidelines went into effect August 1, 1983. Id. § 33, at 1767. The petition for dissolution of the Halper’s marriage was filed prior to that date. An order for temporary support and maintenance was also issued prior to August 1. The judgment and decree dissolving the parties’ marriage and awarding child support, however, was not issued until August 9, 1983.

Appellant maintains that application of the guidelines to a case filed prior to their effective date violates Minn.Stat. § 645.21 (1982). The statute provides:

No law shall be construed to be retroactive unless clearly and manifestly so intended by the legislature.

Id. We disagree with appellant’s position.

In Cooper v. Watson, 290 Minn. 362, 187 N.W.2d 689 (1971), the Minnesota Supreme Court provided definitions of a retrospective law. The court stated:

A retrospective law, in the legal sense, is one which takes away or impairs vested rights acquired under existing laws, or creates a new obligation and imposes a new duty, or attaches a new disability, in respect of transactions or considerations already past. It may also be defined as one which changes or injuriously affects a present right by going behind it and giving efficacy to anterior circumstances to defeat it, which they had not when the right accrued, or which relates back to and gives to a previous transaction some different legal effect from that which it had under the law when it occurred. Another definition of a retrospective law is one intended to affect transactions which occurred, or rights which accrued, before it became operative, and which ascribes to them effects not inherent in their nature, in view of the law in force at the time of their occurrence.

Id. at 369, 187 N.W.2d at 693 (quoting 50 Am.Jur., Statutes § 476) (emphasis original).

Under Minn.Stat. § 518.57 (1982), the right to child support does not accrue until the court issues the dissolution decree. In relevant part, the statute reads:

Upon a decree of dissolution, legal separation or annulment, the court may make a further order which is just and proper concerning the maintenance of the minor children as is provided by section 518.17, and for the maintenance of any child of the parties as defined in section 518.54, as support money, _

Id. Since the guidelines became effective prior to issuance of the dissolution decree, the trial court correctly applied them.

*363 (B) Support under the guidelines:

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Bluebook (online)
348 N.W.2d 360, 1984 Minn. App. LEXIS 3115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-halper-v-halper-minnctapp-1984.