Marriage of Kielley v. Kielley

674 N.W.2d 770, 2004 Minn. App. LEXIS 165, 2004 WL 296984
CourtCourt of Appeals of Minnesota
DecidedFebruary 17, 2004
DocketA03-689
StatusPublished
Cited by12 cases

This text of 674 N.W.2d 770 (Marriage of Kielley v. Kielley) 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 Kielley v. Kielley, 674 N.W.2d 770, 2004 Minn. App. LEXIS 165, 2004 WL 296984 (Mich. Ct. App. 2004).

Opinions

OPINION

WRIGHT, Judge.

On appeal from the denial of his motion to suspend his maintenance obligation, appellant-husband argues that (1) the parties’ extrajudicial stipulation to modify spousal maintenance was enforceable and (2) the district court abused its discretion in denying the motion without making particularized findings or permitting the record to be supplemented. By notice of review, respondent-wife argues that the district court abused its discretion in denying her motion for attorney fees, declining to hold appellant in contempt for failing to pay spousal maintenance, and declining to compel discovery. We affirm in part, reverse in part, and remand.

FACTS

Appellant Donald Kielley and respondent Sandra Kielley dissolved their marriage on April 28, 1992. They had three minor children at the time of the dissolution. The parties stipulated to the entry of a judgment and decree, which imposed a gradually increasing spousal maintenance obligation on appellant through December 31, 2009. Appellant’s annual maintenance obligation comprised a lump-sum payment of $8,400 and 12 monthly payments. Appellant retained the right to move to modify maintenance, but agreed that changes in respondent’s income could not be used as a basis for modification. The judgment also awarded respondent physical custody of the parties’ minor children.

On the date of the dissolution, appellant was employed as the Chief Operating Officer of Wilson Learning Corporation, earning $8,004 per month, plus bonuses. In March 2000, appellant was demoted; he was later forced to resign, effective June 1, 2001. Between June 1, 2001 and May 30, 2002, appellant received, as severance pay, an amount equal to his annual gross salary, plus his minimum bonus payment.

On October 3, 2001, the parties entered a written stipulation purporting to modify the dissolution decree. The parties agreed to eliminate appellant’s $8,400 annual maintenance payment, to permanently reduce his monthly maintenance payments from $1,861.55 to $1,361.55, and to set his parenting time with the remaining minor child at 62 days per year. The stipulation stated that the parties had made these [775]*775changes because of the death of their oldest son, appellant’s loss of employment, and respondent’s decision to move with the remaining minor child to Arizona in October 2001.

On November 18, 2002, appellant moved the district court to temporarily suspend spousal maintenance until he gained employment. In support of his motion, appellant submitted affidavits describing his loss of employment and the financial aspects of his separation from his former employer. Respondent then moved to have appellant held in contempt for not paying maintenance as required by the judgment. In her supporting affidavit, she claimed that appellant had “talked [her] into signing the [stipulation].”

At the hearing on appellant’s motion to suspend spousal maintenance, appellant’s counsel argued that relief should be granted based solely on the precipitous drop in his income, but offered to provide additional evidence, if necessary. Finding that the parties’ stipulation was void for lack of consideration, the district court denied appellant’s motion, and ordered him to pay respondent $62,915.20 — the difference between what he would have paid respondent under the judgment and what he actually paid her under the stipulation. By letter, appellant requested leave to file a motion for reconsideration, which the district court denied. This appeal followed.

ISSUES

I. Did the district court abuse its discretion in declining to enforce the parties’ extrajudicial attempt to modify spousal maintenance?

II. Did the district court abuse its discretion by denying appellant’s motion to suspend his spousal maintenance obligation?

III. Did the district court abuse its discretion by denying respondent’s motion for attorney fees?

IV. Did the district court abuse its discretion by denying respondent’s motion to find. appellant in contempt for failing to pay spousal maintenance as required by the judgment?

V. Did the district court abuse its discretion by declining to compel discovery?

ANALYSIS

I.

Appellant argues that the district court abused its discretion by declining to enforce the parties’ extrajudicial stipulation to modify his spousal maintenance obligation. Because appellant argues that the stipulation should be effective as of the date the parties entered it, he is essentially arguing.that the district court should have retroactively modified the judgment’s maintenance provision to conform to the stipulation. The district court has broad discretion in deciding whether to modify a spousal maintenance award. Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn.1984). A district court abuses its discretion when its decision is “against logic and the facts on record.”" Prahl v. Prahl, 627 N.W.2d 698, 702 (Minn.App.2001) (quoting Rutten, 347 N.W.2d at 50).

The general requirements for retroactive modification of maintenance are set out in Minn.Stat. § 518.64, subd. 2(d) (2002). Regarding attempted extrajudicial modifications of an existing judgment, we have stated that “[ejxtrajudicial modifications of dissolution decrees without subsequent judicial approval are not valid[.]” Tell v. Tell, 359 N.W.2d 298, 301 (Minn.App.1984). On review, the Minneso[776]*776ta Supreme Court referred to this assertion, stating that it was both “contrary to th[e] encouraged policy” of resolving dissolution matters by stipulation and that the statement was “subject to misinterpretation.” Tell v. Tell, 383 N.W.2d 678, 682 n. 2 (Minn.1986). The supreme court later repeated its endorsement of resolving dissolution matters by stipulation. Shirk v. Shirk, 561 N.W.2d 519, 521-22 (Minn.1997). This endorsement of stipulated resolution of dissolution matters, however, is less enthusiastic and is given considerably less force in contexts where the stipulation in question may have an impact on a child.1 See, e.g., Frauenshuh v. Giese, 599 N.W.2d 153, 158-59 (Minn.1999) (custody modification); Moylan v. Moylan, 384 N.W.2d 859, 865 (Minn.1986) (child support); Geiger v. Geiger, 470 N.W.2d 704, 707 (Minn.App.1991) (presumption that physical custodian may remove a child from Minnesota), review denied (Minn. Aug. 1, 1991); see also Olson v. Olson, 534 N.W.2d 547, 549 (Minn.1995) (stating, in context of grandparent visitation dispute, that, “[a]s in all matters involving court-established family relationships of children, we begin with reference to our paramount commitment to the best interests of the children. We said a century ago, ‘[t]he cardinal principle in such matters is to regard the benefit of the infant as paramount * * * ’ and we have reiterated that premise in many recent cases.”) (quoting Flint v. Flint, 63 Minn. 187, 189, 65 N.W. 272, 273 (1895)).

To the extent that our opinions in Heldt v. Heldt,

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674 N.W.2d 770, 2004 Minn. App. LEXIS 165, 2004 WL 296984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-kielley-v-kielley-minnctapp-2004.