Marriage of Napier v. Napier

374 N.W.2d 512, 1985 Minn. App. LEXIS 4505
CourtCourt of Appeals of Minnesota
DecidedSeptember 17, 1985
DocketC9-85-355
StatusPublished
Cited by3 cases

This text of 374 N.W.2d 512 (Marriage of Napier v. Napier) 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 Napier v. Napier, 374 N.W.2d 512, 1985 Minn. App. LEXIS 4505 (Mich. Ct. App. 1985).

Opinion

*514 OPINION

CRIPPEN, Judge.

The trial court in this dissolution action awarded respondent Barbara Napier maintenance of $1,250 per month for a period of ten years. While the trial court characterized its award as “permanent,” it specifically reserved jurisdiction in order to fully review the award at the end of the ten-year period. It also ordered appellant Daniel Napier to pay $540.50 per month as child support for the parties’ minor child Sarah, who is in her mother’s custody, and ordered Barbara Napier to pay $265.00 per month as child support for the parties’ minor child Mathew, who is in his father’s custody. Daniel Napier appeals, challeng-. ing both the duration and the amount of the maintenance award.

FACTS

The parties were married September 4, 1965. At the time of the dissolution, appellant Daniel Napier was 43 years old, and respondent Barbara Napier was 41 years old. They have two children, Mathew, born in 1968, and Sarah, born in 1972. At trial, the parties stipulated that appellant would retain custody of Mathew, and that respondent would retain custody of Sarah, with liberal visitation rights accorded each party. They also stipulated that the marital assets would be divided equally between the parties.

Appellant has been employed for the past three years by Boise-Cascade in International Falls, Minnesota, as a communications manager, and currently earns an annual salary of $53,000. He has been employed full-time throughout the years of the marriage, and has no plans to leave his present employment.

Respondent has had only sporadic employment, primarily part-time, during the parties’ marriage. While she has a B.S. degree in home-economics and fashion merchandising, she has not held jobs using those skills. Most recently, she worked part-time selling advertising for a newspaper, at a wage of $6.00 per hour. Throughout the marriage, respondent’s primary contribution has been as a homemaker and caretaker for the parties’ two children, and she has followed her husband as his career has led to transfers and job changes. Respondent has not been employed since the family moved to Minnesota in 1982.

When dissolution proceedings commenced, respondent began seeking employment but was unsuccessful. This was at least partially due to the depressed economic situation in the International Falls region. At the time of this appeal, respondent has moved from Minnesota to the St. Louis, Missouri area, to live near relatives and to seek employment. It is expected that she will eventually become employed, but her difficulty in obtaining gainful employment may continue for some time, and she will probably never achieve the salary level that she might have had if she had been working full-time during the nineteen years she was married to appellant.

From the evidence presented at trial, it appears that respondent’s living expenses approximate $1,200 per month. The trial court awarded her maintenance, based on approximately 30% of appellant’s monthly pay (after social security tax deductions) of $4,250. This resulted in an award of $1,250 per month.

The trial court called its award “permanent” maintenance, but reserved jurisdiction to fully review the situation at the end of ten years. In its memorandum accompanying the judgment, the trial court stated its hope that the maintenance award would be terminated at that time, depending on respondent’s needs and on her efforts to obtain employment.

Each party has custody of one of their two minor children. The trial court concluded that each party had an obligation toward support of both children. Appellant was ordered to pay $540.50 as child support. The court concluded this obligation should be offset by $265 per month that respondent should contribute for the support of the child cared for by appellant. The court’s order results in a net monthly gain to respondent from appellant of *515 $275.50, in addition to the maintenance award.

ISSUES

1. Did the trial court abuse its discretion when it awarded maintenance to respondent for a ten-year period?

2. Did the trial court abuse its discretion when it awarded maintenance in the amount of $1,250 per month?

ANALYSIS

1. In dissolution cases, the trial court has broad discretion in deciding whether to award maintenance and in determining the duration and amount of maintenance. The trial court’s determination must be affirmed unless the court abused its discretion. Erlandson v. Erlandson, 318 N.W.2d 36, 38 (Minn.1982); McGowan v. McGowan, 363 N.W.2d 359, 360 (Minn.Ct.App.1985). Before this court will find that the trial court abused its discretion, there must be a clearly erroneous conclusion that is against logic and the facts on record. Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn.1984); Swanstrom v. Swanstrom, 359 N.W.2d 634, 636 (Minn.Ct.App.1984). The trial court’s decision must be examined in light of the factors enumerated in Minn.Stat. § 518.552 (1984). Erlandson at 38; Fink v. Fink, 366 N.W.2d 340, 341 (Minn.Ct.App.1985); McGowan at 360. Furthermore, each case must be determined on its own facts, and no single statutory factor for determining the type or amount of maintenance is dispositive. Broms v. Broms, 353 N.W.2d 135, 138 (Minn.1984); Erlandson at 39; Fink at 341; McGowan at 360.

A court may grant maintenance where the spouse seeking maintenance:

(a) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs, especially during a period of training or education, and
(b) Is unable to adequately support himself after considering all relevant circumstances through appropriate employment * * *.

Minn.Stati § 518.552, subd. 1 (1984). Subdivision 2 of the section specifies seven factors to be considered, each having to do with resources and needs.

The 7-factor list is not exclusive, however, as the statute requires consideration of “all relevant factors,” including the seven listed in subdivision 2. Thus, the basic issue is the financial needs of the spouse receiving maintenance and the ability to meet these needs, balanced against the financial condition of the spouse providing maintenance. Erlandson at 39-40; Wiltsey v. Wiltsey, 357 N.W.2d 400, 402 (Minn.Ct.App.1984); Fink at 342.

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Related

Marriage of Garcia v. Garcia
415 N.W.2d 702 (Court of Appeals of Minnesota, 1987)
Marriage of Reif v. Reif
410 N.W.2d 414 (Court of Appeals of Minnesota, 1987)

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Bluebook (online)
374 N.W.2d 512, 1985 Minn. App. LEXIS 4505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-napier-v-napier-minnctapp-1985.