Marriage of Hein v. Hein

366 N.W.2d 646, 1985 Minn. App. LEXIS 4101
CourtCourt of Appeals of Minnesota
DecidedApril 23, 1985
DocketC5-84-1685
StatusPublished
Cited by19 cases

This text of 366 N.W.2d 646 (Marriage of Hein v. Hein) 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 Hein v. Hein, 366 N.W.2d 646, 1985 Minn. App. LEXIS 4101 (Mich. Ct. App. 1985).

Opinion

OPINION

CRIPPEN, Judge.

This is an appeal from a judgment and decree dissolving the marriage of the parties. Both dispute the trial court’s property distribution, child custody order, spousal maintenance order, and award of attorney fees. Except on issues of attorney fees and valuation of respondent’s pension asset, we affirm.

FACTS

The parties were married in 1970. Respondent LaVonne Hein had two minor children from a prior marriage: Kent Edward Hein, born July 10, 1967 and Kelie Jean Hein, born May 4, 1969. Gary Hein legally adopted the children.

Appellant is 38 years old and has been a police officer with the Minneapolis Police Department for 14 years. He earns a net monthly income of $1,599.72. He also has a deferred compensation account through his employment, with a present value of $8,427. In addition, he is entitled to receive a pension upon his retirement from the police force.

*648 Calculation of the present value of the pension depends upon the age at which appellant retires, a matter of speculation at this point. Gary Hein testified he is “going to have to” work until the mandatory retirement age of 70. Respondent’s expert witness stated the average retirement age of Minneapolis police officers is 56. The trial court found age 65'to be a “reasonable projected retirement age”. The present value of appellant's pension based on each of the three retirement ages is:

Age 70 . $11,417
Age 65 $19,760
Age 56 $42,557

During the parties’ marriage, respondent, age 37, was a homemaker. In March, 1984, she began full-time work as an account clerk, earning $784.50 net income per month. LaVonne Hein has attended North Hennepin Community College and testified she wants to continue her education. She could obtain a degree in 4 to 5 years attending part-time or 3 years going full-time.

The trial court granted custody of Kent to LaVonne Hein and Kelie to appellant. The court ordered appellant to pay $243.10 per month child support, calculated by subtracting what respondent should pay for Kelie’s care from the amount Gary Hein should pay for support of Kent. In addition, the trial court ordered appellant to pay spousal maintenance of $300 per month for three years.

The trial court found the parties owned the following marital assets and liabilities (excluding tangible personal property which was distributed by stipulation):

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Bluebook (online)
366 N.W.2d 646, 1985 Minn. App. LEXIS 4101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-hein-v-hein-minnctapp-1985.