Marriage of Moon v. Moon

378 N.W.2d 49, 1985 Minn. App. LEXIS 4718
CourtCourt of Appeals of Minnesota
DecidedNovember 26, 1985
DocketCO-85-471
StatusPublished
Cited by4 cases

This text of 378 N.W.2d 49 (Marriage of Moon v. Moon) 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 Moon v. Moon, 378 N.W.2d 49, 1985 Minn. App. LEXIS 4718 (Mich. Ct. App. 1985).

Opinion

OPINION

RANDALL, Judge.

This appeal is from a dissolution judgment. Both parties contest the trial court’s award to appellant, Robert Moon, of $200 per month maintenance for ten years. Appellant claims that his maintenance should be permanent. Respondent, Delores Moon, contests the propriety of any maintenance, the trial court’s award of a portion of an asset to appellant as nonmarital, and the trial court’s division of the marital estate.

FACTS

The parties were married in 1964. Daw-nette Moon, the parties’ daughter, was born in 1967. She resides at the Red Wing Health Care Center for Physically Handicapped Young Adults. She suffered a closed brain injury in an accident and is severely physically disabled. The parties agree that Dawnette Moon should continue to reside at the Red Wing center. Delores Moon is the court-appointed guardian ad litem for Dawnette Moon. The trial court awarded joint physical and legal custody to the parties. This decision is not contested.

Delores Moon was born August 22, 1941. She is a high school graduate. Since 1971 she has been employed by the U.S. postal service. She has been postmaster of the Nelson, Minnesota, post office since 1974. Before 1971 she worked at least part-time as a hairdresser.

Robert Moon was born February 17, 1937. He is a high school graduate and attended college for one year. He worked for the postal service from 1965 to 1982. Beginning in 1972 he suffered from multiple sclerosis. By 1982 the disease forced him to end his employment. The postal service considers him 100% disabled.

Respondent’s net monthly income is $1,509.00. This represents $1,409.00 from her employment, and $100.00 from a contract for deed. At trial, respondent claimed expenses of $1,395.00 per month.

Appellant’s net monthly income is $841.45. This represents a $528.95 disability payment, $62.50 rent from land, and periodic cash gifts from his parents amounting to approximately $250.00 a month. At trial, appellant claimed monthly expenses of $1,524.00.

The trial court found that appellant “hopes to qualify for Social Security within *51 two to three years. Social Security Disability benefits upon qualification might increase his net monthly income $70.00 to $120.00.” Appellant had applied for Social Security disability previously and was turned down, for reasons not in the record. If appellant eventually qualifies for Social Security benefits, he would do so through the income earned from the hobby farm.

The trial court further found that appellant “is disabled and will never be able to return to work.” The trial court awarded appellant maintenance of $200 per month for a period of ten years. Appellant claims that the trial court erred in not awarding him permanent maintenance.

In 1967 the parties purchased their homestead for $10,000.00. Nine thousand dollars was borrowed from appellant’s parents, and both parties signed a note and a mortgage in favor of appellant’s parents. Payments were made on the note until 1973, when the parents forgave the $7,000.00 balance. The trial court found that this forgiveness created a nonmarital interest of the appellant in the homestead. Respondent claims this decision was erroneous.

Respondent also claims that the trial court improperly applied the Schmitz 1 formula to determine appellant’s interest in the homestead.

ISSUES

1. Did the trial court abuse its discretion in awarding appellant $200.00 per month temporary maintenance for a period of ten years?

2. Did the trial court err in finding that forgiveness of the debt owed appellant’s parents created a nonmarital interest?

3. Was the trial court’s division of the marital estate clearly erroneous?

ANALYSIS

I.

Maintenance

The trial court awarded appellant $200.00 per month maintenance for ten years. Appellant claims that the trial court abused its discretion in not awarding permanent maintenance. Respondent questions the propriety of any award of maintenance.

The standard of review on appeal from a trial court’s award of maintenance is whether the trial court abused its discretion. Lillehei v. Lillehei, 298 N.W.2d 453, 454 (Minn.1980); Frederiksen v. Frederiksen, 368 N.W.2d 769, 775 (Minn.Ct.App.1985). For the reasons stated below, we affirm the trial court’s award and remand for retention of jurisdiction.

A. Award of maintenance

In awarding maintenance, “the court should balance the dependent spouse’s needs and ability to meet those needs against the supporting spouse’s financial condition and needs.” Frederiksen, 368 N.W.2d at 775 (citation omitted). Minn.Stat. § 518.552, subd. 1 (1984), in effect at the time of trial, provides that courts may grant maintenance if a spouse lacks sufficient property to provide for his reasonable needs and is unable adequately to support himself.

The evidence shows that appellant lacks sufficient property to pay for his reasonable needs. Appellant was awarded all rights to his future pension, which he earned in the postal service. That pension, based on approximately seventeen years of service, is vested but is not currently payable. The record does not disclose when it will become payable and whether or not it will replace, diminish, or affect his present disability payments. The present cash value of appellant’s pension, approximately $10,000, was awarded to him and the present cash value of respondent’s pension, approximately $13,000, was awarded to her. Appellant was awarded the homestead, but must make the mortgage payments of $264.00 per month, along with utilities and other house-related expenses. The hobby farm awarded appellant pro *52 vides $62.50 per month rental income. Appellant’s total net monthly income, as found by the trial court, is $841.45, including money gifts to appellant from his parents.

Meaningful appellate review of maintenance awards is furthered by a record with specific findings regarding each parties’ income and expenses. The better practice is to make specific findings in order to facilitate application of the statute at both the trial and appellate levels. Although the court did not make specific findings as to expenses, both parties entered into evidence schedules of expenses which the trial court considered in making the maintenance award. Neither party disputed the other’s claimed expenses. Because neither party disputed the claimed expenses, and because the trial court considered the schedules, they provide the necessary support in the record for the trial court’s award.

Appellant testified to monthly expenses of $1,524.00, substantially more than his income.

The trial court considered respondent’s income and expenses. Her net monthly income is $1,509.00. She testified to expenses of $1,395.00 per month.

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Related

Marriage of Olsen v. Olsen
552 N.W.2d 290 (Court of Appeals of Minnesota, 1996)
Marriage of Melina v. Melina
411 N.W.2d 204 (Court of Appeals of Minnesota, 1987)
Marriage of Theroux v. Boehmler
410 N.W.2d 354 (Court of Appeals of Minnesota, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
378 N.W.2d 49, 1985 Minn. App. LEXIS 4718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-moon-v-moon-minnctapp-1985.