Marriage of Novak v. Novak

406 N.W.2d 64, 1987 Minn. App. LEXIS 4392
CourtCourt of Appeals of Minnesota
DecidedMay 26, 1987
DocketC9-86-2083
StatusPublished
Cited by9 cases

This text of 406 N.W.2d 64 (Marriage of Novak v. Novak) 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 Novak v. Novak, 406 N.W.2d 64, 1987 Minn. App. LEXIS 4392 (Mich. Ct. App. 1987).

Opinion

OPINION

POPOVICH, Chief Judge.

This appeal is from an order increasing child support paid to a public assistance recipient and awarding her attorney fees. Appellant claims the trial court abused its discretion and requests remand, arguing the court (1) made insufficient findings to directly apply the child support guidelines, (2) improperly ordered appellant to pay additional child support from periodic bonuses when received, (3) unnecessarily required cost-of-living adjustments, and (4) improperly awarded respondent attorney fees. Respondent also seeks remand because the court failed to order appellant to provide dependent health and dental insurance for the children. In addition, respondent seeks attorney fees on appeal. We affirm in part and remand.

FACTS

Appellant Arthur Novak and respondent Judith Novak were divorced April 13, 1977. Pursuant to the dissolution judgment and decree, respondent was awarded custody of the parties’ three minor sons: Mark, then age five; Paul, age three; and Michael, age one. Because respondent was receiving public assistance, appellant was required to pay the welfare provider $150 monthly child support.

At the time of dissolution, appellant was employed at a bank earning a gross annual income of $10,000. Respondent’s Aid to Families with Dependent Children (AFDC) benefits totaled approximately $425, plus $120 in food stamps and medical assistance benefits.

In April 1986, respondent moved to increase appellant’s child support obligation. Respondent also requested the court to provide cost-of-living adjustments, require health and dental insurance for the children and award her attorney fees for bringing the motion.

On August 4, 1986, a modification hearing was held at which both parties testified. Appellant testified he now receives a gross annual salary of $28,860, resulting in $1800 net monthly income. In addition, he historically receives bonus payments in June and November. In 1985 he received $10,000 in bonuses, resulting in a $38,860 gross annual income for that year. With bonuses, in 1984 he received $37,412.50 and in 1983 he received $35,150. Appellant testified the bonuses are not guaranteed but depend upon job performance and bank profitability.

After the dissolution, appellant remarried and adopted his current wife’s eight-year-old son. He submitted a current monthly budget of $3157, of which his current wife contributes one-third. The budget includes $150 support for the parties’ sons, $500 toward the expenses of his adopted son, a $150 monthly payment for undeveloped land, and $400 for attorney fees. His financial needs allow him to make gifts to the parties’ children for their recreation and education.

Respondent testified she is still receiving AFDC benefits totaling $621 per month. She also receives food stamps and medical assistance amounting to an additional $85, totaling $706. Respondent testified with an increase in child support she hoped to terminate her public assistance and go to work.

Respondent submitted a monthly budget of $1049.96, exclusive of attorney fees owing at the time of hearing. Respondent also testified her home is currently involved in foreclosure proceedings due to her inability to make timely payments. The boys, now ages 14, 12 and 10, incur expenses associated with attending school and participating in sports and other recreational activities.

Based on the testimony and evidence presented, the court found circumstances had substantially changed since the dissolution nine years earlier. The court specifically found appellant’s income substantially increased since 1977 from a gross monthly income of $833.33 to his current net monthly income of $1800. The court also found *67 respondent’s income increased, but not substantially, since the increase was based on additional AFDC benefits which were necessary to meet minimal needs.

The court further considered the needs of the children, respondent and appellant alone. The court found:

The substantial increase in the net monthly income of the [appellant] would in and of itself make the terms of the existing order unreasonable. However, the added factor of the substantially increased needs of the Respondent balanced against the nature of the increased needs of the [appellant] only further show the unreasonableness and unfairness of the original Decree.
⅜ * * * * *
The above Findings also factually address those factors set forth in Minnesota Statute 518.551, Subdivision (5)(2), and these Findings further warrant application of the Guidelines pursuant to Minnesota Statute 518.551.

The court set support according to the guidelines at 35% of appellant’s net monthly income without bonuses. The court further required appellant to pay the same percentage of bonuses received as additional support. In addition, the court incorporated cost-of-living adjustments and amended the original decree as follows:

[Appellant] shall pay to Respondent the amount of $630.00 for the support of the minor children of the parties hereto, provided that in the event the Respondent is receiving AFDC payments this payment shall be payable directly to the county from which said payments are received. On or before the 15th day of April of each year, [Appellant] shall supply to Respondent the net amount of any bonuses received during the previous calendar year, including the calculations under Minnesota Statute 518.551 used to calculate the net income, and on May 1st of that year, the child support hereunder shall increase by an amount equal to this net income figure multiplied by the appropriate guideline percentage subject to the qualification that if [Appellant] demonstrates that the net income of his base salary is less than $1,800.00 per month, the net income for purpose of calculating the increase shall only be the net income amount which exceeds $1,800.00. Also, attached hereto and incorporated herein are mandates cost-of-living and wage withholding provisions as referred by Minnesota Statutes.

The court also awarded respondent $500 for attorney fees but failed to require appellant to provide dependent health and dental insurance for the parties’ children. The parties appeal from the order entered October 31, 1986. By order dated April 2, 1987, this court deferred respondent’s motion for additional attorney fees until this appeal’s consideration on the merits.

ISSUES

1. Did the trial court abuse its discretion by increasing child support according to guidelines when support is paid to a public assistance recipient?

2. Did the trial court abuse its discretion in requiring additional child support to be paid from periodic bonus payments when received?

3. Did the trial court properly incorporate cost-of-living adjustments in the amended decree?

4. Did the trial court abuse its discretion in failing to order appellant to provide health and dental insurance for the parties’ children?

5. Did the trial court abuse its discretion in awarding attorney fees?

ANALYSIS

1.

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Bluebook (online)
406 N.W.2d 64, 1987 Minn. App. LEXIS 4392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-novak-v-novak-minnctapp-1987.