Marriage of Joneja v. Joneja

422 N.W.2d 306, 1988 Minn. App. LEXIS 383, 1988 WL 36184
CourtCourt of Appeals of Minnesota
DecidedApril 26, 1988
DocketC1-87-1715
StatusPublished
Cited by7 cases

This text of 422 N.W.2d 306 (Marriage of Joneja v. Joneja) 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 Joneja v. Joneja, 422 N.W.2d 306, 1988 Minn. App. LEXIS 383, 1988 WL 36184 (Mich. Ct. App. 1988).

Opinions

OPINION

KALITOWSKI, Judge.

Appellant Kathleen Anne Joneja commenced this action to modify the original dissolution decree seeking an increase in child support and spousal maintenance. In addition, appellant sought a reapportionment of the tax dependency exemptions and the homestead lien interest. Appellant was granted an increase in child support, but was denied all other requested modifications. This appeal follows.

FACTS

The parties were married December 29, 1972, and separated in the fall of 1978. On July 6, 1981, the parties, represented by counsel entered into a stipulation regarding the dissolution of their marriage. A judgment and decree incorporating their stipulation was entered on November 10, 1981. [308]*308Pursuant to the stipulation, appellant has primary physical custody of the parties’ two minor daughters, Tina Joy Joneja, age 14, and Kim Alan Joneja, age 11. In addition to awarding custody, the judgment and decree provided respondent pay $2,400.00 each month to appellant for spousal maintenance and $600.00 each month for child support.

The parties agree respondent has enjoyed significant increases in his income. In 1973 respondent’s gross annual income was $12,783.00. In 1978 respondent’s gross income had risen to $61,684.00. At the time dissolution judgment was entered respondent’s income was $139,000 per year. Currently, respondent’s earnings exceed $330,000.00 per year.

Prior to and during the marriage, appellant was employed as a music instructor. Appellant has a Bachelor’s Degree in voice with a minor in piano. In addition, appellant has received advanced voice instruction in Salzberg, Austria, and Frankfort, Germany.

In December 1986, appellant brought a motion to modify the judgment and decree in several respects including increasing spousal maintenance and child support obligations, modifying respondent’s lien interest in the parties’ homestead and reapportioning the dependency tax exemptions. The matter was heard by a family court referee on April 13, 1987. The referee entered an order which amended the November 10, 1981, judgment and decree. The order provides: (1) respondent’s child support obligation be increased to maximum guideline level of $1,200.00 per month, (2) respondent pay for the children’s private schooling expenses, (3) respondent maintain appropriate health insurance for the minor children, and (4) respondent maintain life insurance coverage with appellant and the minor children as beneficiaries. In addition, respondent was ordered to pay consulting and psychologist fees, as well as $750.00 for appellant’s attorney fees. Respondent is allowed to continue to claim the tax dependency exemptions for the two minor children.

Subsequently, appellant moved for a review of the order. Arguments were heard by a judge of the district court, family court division, Hennepin County. The judge’s order affirmed the referee’s order.

ISSUES

1. Did the trial court abuse its discretion in setting the amount of child support?

2. Was the trial court’s refusal to modify the parties’ stipulated maintenance award within its discretion?

3. Did the trial court abuse its discretion when it denied modification of the distribution of the tax exemptions for the minor children?

4. Did the trial court err in determining a provision in the judgment and decree awarding respondent a lien, constituted a property division and as such could not be modified without a showing of fraud or mistake?

5. Did the trial court err in requiring respondent to pay the minor children’s education expenses without clarifying what those expenses are?

ANALYSIS

1. Child Support.

Trial courts are accorded broad discretion in setting child support, and an appellate court will find an abuse of that discretion only where it finds a “clearly erroneous conclusion that is against logic and the facts on the record.” Moylan v. Moylan, 384 N.W.2d 859, 864 (Minn.1986) (quoting Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn.1984)).

One aspect of this case involves application of the child support guidelines where the obligor’s net monthly income exceeds the upper limit established by the legislature. See Minn.Stat. § 518.551, subd. 5(a). The statutory child support guidelines are a starting point for the determination of a support award. Moylan, 384 N.W.2d at 863.

Modification of a support order may be obtained if the moving party shows one of [309]*309the four factors set out in Minn.Stat. § 518.64, subd. 2:

(1) Substantially increased or decreased earnings of a party;
(2) Substantially increased or decreased need of a party;
(3) Receipt of assistance under Sections 256.72 to 256.87; or
(4) A change in the cost of living for either party as measured by the Federal Bureau of Statistics.

This statute demonstrates in order to merit a modification under Minn.Stat. § 518.64, one must show “a substantial change of circumstances from those existing at the time of the dissolution * * *.”, at the time the award was last modified. Wiese v. Wiese, 295 N.W.2d 371, 372 (Minn.1980); Blomgren v. Blomgren, 386 N.W.2d 378, 380 (Minn.Ct.App.1986).

Neither party denies respondent has had a change in circumstances warranting modification of support. Respondent’s earnings have substantially increased since entry of the original judgment and decree. In addition, the parties agree the needs of the children have increased. This court recognized in Chapman v. Chapman, 352 N.W.2d 437, (Minn.Ct.App.1984), that children’s needs increase with their increased age. Thus, the trial court correctly found the level of child support established in the original judgment and decree was unreasonable and unfair.

Appellant argues the trial court erred in determining the appropriate amount of the increase for child support. Appellant contends the trial court failed to take into account respondent’s standard of living.

In Thompson v. Newman, 383 N.W.2d 713 (Minn.Ct.App.1986), this court held the intent of the standard of living factor “is that a child is entitled to enjoy the benefits of the incomes of both parents.” Id. at 716.

In this case, the trial court’s findings address not only the father’s income, but also the mother’s living circumstances, and the children’s personal needs. The trial court’s findings indicate that the court considered:

[Respondent's net monthly income, the reasonable needs of the minor children, including their special education needs, the factors set forth in Minn.Stat. § 518.551, subd. 6(6) (1986), the statutory child support guidelines and the factors they take into account, and the standard of living the minor children would have enjoyed had the marriage not been dissolved.

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Marriage of Joneja v. Joneja
422 N.W.2d 306 (Court of Appeals of Minnesota, 1988)

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Bluebook (online)
422 N.W.2d 306, 1988 Minn. App. LEXIS 383, 1988 WL 36184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-joneja-v-joneja-minnctapp-1988.