Marriage of Reynolds v. Reynolds

498 N.W.2d 266, 1993 Minn. App. LEXIS 321, 1993 WL 88303
CourtCourt of Appeals of Minnesota
DecidedMarch 30, 1993
DocketC5-92-1358
StatusPublished
Cited by4 cases

This text of 498 N.W.2d 266 (Marriage of Reynolds v. Reynolds) 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 Reynolds v. Reynolds, 498 N.W.2d 266, 1993 Minn. App. LEXIS 321, 1993 WL 88303 (Mich. Ct. App. 1993).

Opinion

OPINION

NORTON, Judge.

Appellant challenges several aspects of the trial court’s property division following his marital dissolution. Appellant also challenges the trial court’s refusal to re *268 duce his child support obligation as each child is emancipated. We affirm in part, reverse in part, and remand.

FACTS

Appellant Gary T. Reynolds and respondent Valeria D. Reynolds were married June 19,1969, and have four children, three of whom are still minors. The parties separated on February 5, 1990. Appellant served and filed his petition for dissolution of marriage shortly thereafter.

At the time of the parties’ separation, the parties held the following parcels of real estate:

(1) Lake McKinney property in Aitkin County;
(2) Nisswa property in Cass County (former homestead of the parties);
(3) 13-unit apartment building in Minneapolis;
(4) Eden Prairie property;
(5) Sherburne County property; and
(6) Patterson Lake Shores property in Cass County.

On August 10, 1990, respondent brought a motion seeking temporary occupancy of the Nisswa property. The court granted this motion on August 17, 1990. On January 28, 1991, respondent brought a motion seeking occupancy of the Eden Prairie property effective June 1,1991. On February 13, 1991, the trial court issued an order reserving respondent’s motion but releasing to the parties the sum of $1000 apiece from the proceeds of the Nisswa property (which had subsequently been sold). On May 16, 1991, the court ordered the release of $5000 to respondent from escrowed Nis-swa funds.

On July 12, 1991, respondent, again brought a motion seeking temporary occupancy of the Eden Prairie property effective September 1, 1991. On August 14, 1991, the trial court issued an order granting respondent’s motion. The trial court held that, as of September 1, 1991, respondent would be responsible for mortgage payments, homeowner’s insurance premiums, utility bills, and real estate taxes due on the property.

Respondent failed to pay the homeowner’s insurance premiums billed since August 17, 1991 and the real estate taxes due on October 15, 1991. Therefore, appellant brought a motion requesting that the court order respondent to pay these sums. On January 8, 1992, the court amended its order of August 14, 1991 to require appellant to pay those sums for the second half of 1991. The court noted that appellant had collected rents from the Eden Prairie property from February 1990 through August 31, 1991 and had escrowed these funds precisely for the payment of insurance payments and real estate taxes.

The dissolution judgment was entered April 24, 1992. The trial court found that appellant is currently employed by Burgundy Properties on a part-time basis with a net monthly income of approximately $676.74. The court noted that appellant is licensed as a real estate agent and an insurance agent, has earned up to $32,000 per year in the past, and perhaps has the ability to earn that much in the future. Therefore, the court stated that it would award a disproportionately larger amount of the parties’ property to respondent to compensate for the higher amount of child support to which she would be entitled if appellant earned what he is capable of earning. The court found that respondent is a certified teacher in Minnesota with income of $90 per week from a newspaper route. Respondent earned $180 during the 1991-92 school year from substitute teaching.

In addition to the aforementioned real property, the court found that the parties owned the following assets:

(1) $700 proceeds from sale of a Yamaha motorcycle;
(2) $2500 proceeds from various garage sales;
(3) various household goods, furniture, appliances, and other miscellaneous personal property;
(4) R & H Apartments checking account used to pay expenses in connection with 13-unit apartment building;
*269 (5) approximately $2500 left from respondent’s $7500 share from sale of her mother’s homestead, all of which is respondent’s nonmarital property. (Respondent has withdrawn approximately $5100 from this account to pay for marital debts of the parties);
(6) approximately $22,777 proceeds from sale of property on Lake McKinney in Aitkin County;
(7) approximately $22,712.79 proceeds from sale of parties’ former homestead in Nisswa, Minnesota; 1
(8) A 1984 GMC van with a current value of approximately $1000 and a 1982 Honda automobile with a value of approximately $1000;
(9) A Kemper mutual fund with a value of approximately $5000, which is appellant’s nonmarital property; and
(10) Endotronics stock with a value of approximately $2000.

The court also found that appellant failed to pay respondent $475 child support for August 1991. This child support was to have come from the rental income for the Eden Prairie property, management of which was appellant’s responsibility. The court found that in 1987 respondent received an inheritance of approximatély $65,000, $30,000 of which went toward the downpayment on the parties’ former homestead in Nisswa, Minnesota. Another $15,-000 went to pay off the encumbrance on the Lake McKinney property, and $7500 went toward the purchase of a 1984 GMC van.

The court ordered appellant to pay respondent child support of $169.19 per month until all of the parties’ children reached the age of majority or graduated from high school, whichever later occurred. The court required appellant to pay respondent $475 in child support for August 1991 and $394 for mortgage payments on the Eden Prairie property for August 1991. The court also held that its previous order requiring appellant to pay homeowner’s insurance and real estate payments on the Eden Prairie property was appropriate.

The court then ordered the following divisions of property: Appellant was awarded the 1982 Honda automobile. Respondent was awarded the 1984 GMC van. The court awarded respondent the $22,712.79 remaining in escrow from the sale of the Nisswa property and $4287.21 in escrow from the sale of the Lake McKinney property. Respondent was also awarded $2500 from a bank account as part of the $7500 respondent received from the sale of her mother’s homestead. For his nonmarital property, appellant was awarded the Kem-per Mutual Fund. Appellant was awarded the $700 in proceeds from the sale of the Yamaha motorcycle, the Endotronics stock, and several items of household goods. Respondent was awarded the $5100 from the R & H Apartments account and the $2500 realized from garage sales of personal property.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Santillan v. Martine
560 N.W.2d 749 (Court of Appeals of Minnesota, 1997)
Marriage of Olsen v. Olsen
552 N.W.2d 290 (Court of Appeals of Minnesota, 1996)
In Re the Marriage of Hay
907 P.2d 334 (Court of Appeals of Washington, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
498 N.W.2d 266, 1993 Minn. App. LEXIS 321, 1993 WL 88303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-reynolds-v-reynolds-minnctapp-1993.