Marriage of Reif v. Reif

426 N.W.2d 227, 1988 Minn. App. LEXIS 646, 1988 WL 70322
CourtCourt of Appeals of Minnesota
DecidedJuly 12, 1988
DocketC6-88-117
StatusPublished
Cited by5 cases

This text of 426 N.W.2d 227 (Marriage of Reif v. Reif) 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 Reif v. Reif, 426 N.W.2d 227, 1988 Minn. App. LEXIS 646, 1988 WL 70322 (Mich. Ct. App. 1988).

Opinions

OPINION

LANSING, Judge.

In a prior appeal, this court determined that Nancy Reif was entitled to increased [229]*229maintenance as a matter of law. Reif v. Reif, 410 N.W.2d 414, 416 (Minn.Ct.App.1987). On remand, the trial court made additional findings and increased the award from $400 to $600 per month. Nancy Reif appeals.

FACTS

The parties’ 23-year marriage was dissolved in January 1987. Their stipulation, which covered all issues except maintenance and attorneys’ fees, provided that John Reif would have custody of their two minor children, now ages 14 and 10, and pay Nancy Reif $16,200 for her interest in the homestead, and that other assets would be divided equally.

At the time of the dissolution, Nancy Reif was working toward a nursing degree which she expected to complete in three years at age 46. She had incurred $5,000 in student loans and borrowed $2,000 from friends and relatives since the separation. Her prior working experience was limited to waitressing at minimum wage before she married, one school year as a teacher’s aide earning $400 a year, and a part-time bookkeeping job for ten hours a month at $5.00/hour. She testified that she had been unable to find a bookkeeping job, and that her 17-credit courseload and daily commute between Grand Rapids and Duluth restricted her employment opportunities. She accordingly requested temporary maintenance of $1,400/month until she completed her degree, or in the alternative, permanent maintenance in a reasonable amount.

John Reif submitted a monthly budget which indicated a net income of $3,125 and expenses of $2,700 per month for himself and the two minor children. Also included in the budget was a $70/month payment on a student loan on which one of the parties' adult children had defaulted, and approximately $400/month in payments on a loan he had taken in order to pay Nancy Reif’s interest in the homestead. Aside from remarking in her testimony that John Reif’s claimed expenses of $400 for food and $100 for personal entertainment were a little high, Nancy Reif did not challenge this V get. Nancy Reif’s submitted expenses of $1,434/month similarly were not challenged.

The trial court found that Nancy Reif had reasonable monthly expenses of $1,800, and John Reif had reasonable monthly expenses of $2,000. It awarded Nancy Reif maintenance of $400 per month, and she appealed.

While the appeal was pending, John Reif moved the trial court for an order amending and/or clarifying its findings on the ground that “careful reading of the transcript and Findings as to the reasonable expenses of the parties do not correspond to the evidence and otherwise are not clear.” Specifically, John Reif wanted the court to address whether Nancy Reif’s expenses were $1,800/month in light of the fact that she only claimed $1,400/month, and whether the finding that John Reif’s expenses were $2,000/month took into consideration the $400 per month it cost him to finance Nancy Reif’s property settlement.

The trial court recognized that John Reif’s motion was not timely under Minn.R. Civ.P. 59.03 and 52.02, but stated that “on a reading of the Findings of Fact and the Court’s recall of the evidence, it may be appropriate to clarify the Order under Rule 60.01,” which allows correction of clerical mistakes. Because the court specifically recalled that it had intended to find that Nancy Reif’s reasonable expenses were $1,000/month, it amended its findings to reflect that amount. However, if an appeal is pending, Rule 60.01 requires leave of the appellate court for clerical corrections. The record does not indicate that such leave was ever requested, and the attempt ed correction was not considered on appeal.

On appeal of the original order, this court held that even if Nancy Reif’s reasonable expenses were only $1,400 rather than $1,800 per month, an award of only $400/month temporary maintenance was insufficient as a matter of law in view of the duration of the marriage, the parties’ former affluent lifestyle, Nancy Reif’s contribution as a homemaker and absence from traditional employment, her educational expenses, and the fact that John [230]*230Reif s monthly income exceeded his determined expenses by $1,125. Because the evidence failed “to sustain the trial court’s conclusions of law and judgment,” this court remanded for “further proceedings.” Reif, 410 N.W.2d at 416.

On remand, Nancy Reif moved for increased maintenance of $l,000/month for 15 years, and for attorney’s fees. John Reif countered with a motion for child support, supported by an affidavit in which he claimed monthly net income of $3,142.98 and expenses, including $400/month maintenance, of $3,123.72. In its amended findings, the trial court found that Nancy Reif had net monthly expenses of $1,000, and was capable of contributing to her expenses. The court also found that John Reif had monthly income of $3,142.98, and living expenses of $2,400, including the cost of maintaining a home for himself and the children and financing the property settlement. The court concluded that John Reif had “available to him the sum of $600 which should be utilized for the payment of maintenance,” but that no other sums were available. The court ordered maintenance increased to $600/month, but declined to make the increase retroactive, and denied John Reif’s motion for child support and Nancy Reif’s request for attorney’s fees. Nancy Reif appeals.

ISSUES

1. Did the trial court abuse its discretion in ordering a non-retroactive increase in temporary maintenance to $600 per month?

2. Did the trial court abuse its discretion in denying attorney’s fees?

ANALYSIS

I

Maintenance may be awarded upon a showing that a party lacks sufficient resources to provide for reasonable needs and is unable to provide for reasonable self-support. Minn.Stat. § 518.552, subd. 1 (1986). The amount and duration of the award are left to the trial court’s discretion after consideration of enumerated factors. Minn.Stat. § 518.552, subd. 2. The underlying findings upon which the court bases its award must be affirmed unless clearly erroneous, Garcia v. Garcia, 415 N.W.2d 702, 704 (Minn.Ct.App.1987), and the award will not be disturbed if it has an acceptable basis in fact and principle. DuBois v. DuBois, 335 N.W.2d 503, 507 (Minn.1983).

In this case, the trial court’s central findings are inadequately explained in light of the evidence.

First, the court’s finding that Nancy Reif would have an income of $1,000 per month was not supported by any evidence that she was capable of earning $400 per month. To the contrary, Nancy Reif testified that she had been unable to find a bookkeeping job, and the only other type of employment she was qualified for was minimum-wage work. Even that employment would be hindered by her full-time school work and lengthy commute. Absent additional evidence, the trial court’s finding on Nancy Reif’s monthly income was speculative. See Nardini v. Nardini, 414 N.W.2d 184, 197 (Minn.1987) (“Being capable of employment and being appropriately employed are not synonymous”); Laumann v. Laumann,

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Marriage of Reif v. Reif
426 N.W.2d 227 (Court of Appeals of Minnesota, 1988)

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Bluebook (online)
426 N.W.2d 227, 1988 Minn. App. LEXIS 646, 1988 WL 70322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-reif-v-reif-minnctapp-1988.