Marriage of Reinke v. Reinke

464 N.W.2d 513, 1990 Minn. App. LEXIS 1256, 1990 WL 211554
CourtCourt of Appeals of Minnesota
DecidedDecember 24, 1990
DocketC9-90-1648
StatusPublished
Cited by1 cases

This text of 464 N.W.2d 513 (Marriage of Reinke v. Reinke) 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 Reinke v. Reinke, 464 N.W.2d 513, 1990 Minn. App. LEXIS 1256, 1990 WL 211554 (Mich. Ct. App. 1990).

Opinion

*514 OPINION

FOLEY, Judge.

Donna Mae Reinke appeals the trial court’s judgment automatically reducing permanent spousal maintenance in two years and denying her attorney fees. We affirm in part, reverse in part and remand,

FACTS

Donna and respondent Martin Friedrich Reinke were married on December 21, 1956. Donna, although previously employed at approximately $6 to $7 per hour, has not worked outside of the home for the past four years. She has been babysitting, however, which provides a small amount of income, and she is currently training to become a foster parent. The trial court found that Donna’s minimum monthly expenses are approximately $815 to $865. Upon dissolution of the marriage, the trial court awarded her marital property valued at $63,754, which included the homestead with 160 acres. She also has separate, nonmarital property that includes a 1981 Harley Davidson motorcycle and a small ■ inheritance.

Martin is employed as a teacher and has a net income of approximately $1,822 per month. He was awarded marital property valued at $54,301.63, which included 150 acres of land and ownership of two retirement accounts. Martin’s expenses are approximately $1,300 per month. The trial court also ordered him to pay the parties’ delinquent 1989 real estate taxes in the amount of approximately $594 and all costs connected with having group medical and dental insurance coverage continued for Donna through his employer.

The trial court directed Martin to pay Donna $350 per month in permanent maintenance to begin in April 1990 and to continue for two years. Thereafter, the amount is to be reduced to $150 per month, subject to future modification. Each party was also ordered to pay his or her own attorney fees.

On May 4, 1990, Donna moved the trial court to amend its findings to provide that the award of permanent maintenance remain at $350 per month, subject to future modification, and to provide that Martin pay Donna reasonable attorney fees. On May 9, 1990, Martin moved the court to amend its findings to provide that Donna did not help Martin in obtaining his teaching degree.

The trial court denied the motions of both parties in an order filed on June 11, 1990. Donna now appeals the April 19, 1990 judgment, claiming the trial court abused its discretion in reducing her spousal maintenance award from $350 per month to $150 per month in two years and that the trial court abused its discretion in not awarding her reasonable attorney fees.

ISSUES

1. Did the trial court abuse its discretion in ordering an automatic reduction in its permanent spousal maintenance award?

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

ANALYSIS

1. In dissolution cases, the trial court has broad discretion in setting the amount and duration of spousal maintenance awards. Zamora v. Zamora, 435 N.W.2d. 609, 611 (Minn.App.1989). An abuse of discretion will be found only if there is “a clearly erroneous conclusion that is against logic and the facts on record.” Id. (citing, Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn.1984)). The award must not be disturbed if it has a “reasonable and acceptable basis in fact and principle.” DuBois v. DuBois, 335 N.W.2d 503, 507 (Minn.1983) (citing Bollenbach v. Bollenbach, 285 Minn. 418, 426-27, 175 N.W.2d 148, 154 (1970)).

Once the trial court has determined that maintenance is appropriate under Minn.Stat. § 518.552, subd. 1 (1988), it must take into account a variety of factors in determining the amount and duration of the maintenance award. The trial court must consider the financial resources of each party, the time the recipient needs to acquire education leading to appropriate employment, the couple’s previous stan *515 dard of living, the duration of the marriage, the length of absence from employment, the age and physical condition of the spouse, the providing spouse’s ability to meet both of their needs, and the contributions of the parties in acquiring marital property. Minn.Stat. § 518.552, subd. 2(a)-(h) (1988). In short, the court must balance Donna’s needs and ability to meet those needs against Martin’s ability to provide financial support. Erlandson v. Erlandson, 318 N.W.2d 36, 39-40 (Minn.1982).

To assist the court in making its determination as to the duration of the maintenance, the statute also provides in subdivision 3 that;

Nothing in this section shall be construed to favor a temporary award of maintenance over a permanent award, where the factors under subdivision 2 justify a permanent award.
Where there is some uncertainty as to the necessity of a permanent award, the court shall order a permanent award leaving its order open for later modification.

Minn.Stat. § 518.552, subd. 3.

In this case, the trial court found Donna had minimum monthly expenses of approximately $815 to $865 and financial resources of a small inheritance and a minimal amount from babysitting. Taking those facts into consideration, the court specifically stated in its memorandum: “It appears then, that [Donna] needs some continued assistance to meet her reasonable needs.” In arriving at this decision, the court noted that although Donna

is currently training to become a foster parent, and has the potential to earn a respectable income, but any job opportunity in the area is speculative at this point.

The court also found Martin’s income of $1,822 per month, set off by his expenses of approximately $1,300 per month, to be a sufficient amount to allow him to provide some assistance.

The trial court indicated Donna had established the need for maintenance because she was unable to provide adequate self-support. The trial court also properly considered Minn.Stat. § 518.552, subd. 3 in order to determine the award’s duration. The court specifically stated that Minn. Stat. § 518.552, subd. 2(a)-(h), and subd. 3, justify an award of permanent maintenance. However, the court concluded that Martin should provide to Donna $350 per month for the first two years and $150 per month thereafter, subject to future modification. In effect, the trial court granted Donna only temporary maintenance.

Martin contends that the trial court was awarding Donna permanent maintenance of $150 per month with an additional $200 per month for the first two years to assist Donna in obtaining employment or establishing the foster care program. Martin also contends that, because the trial court retains jurisdiction over this issue on a permanent basis, it is premature to hear this appeal. Either party will have the right to make a motion to the trial court when a change in circumstances demands a change in the award.

As support for his contention, Martin cites Driscoll v.

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Related

Marriage of Bliss v. Bliss
493 N.W.2d 583 (Court of Appeals of Minnesota, 1992)

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464 N.W.2d 513, 1990 Minn. App. LEXIS 1256, 1990 WL 211554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-reinke-v-reinke-minnctapp-1990.