Marriage of Sullivan v. Sullivan

374 N.W.2d 517, 1985 Minn. App. LEXIS 4504
CourtCourt of Appeals of Minnesota
DecidedSeptember 17, 1985
DocketC3-85-688
StatusPublished
Cited by6 cases

This text of 374 N.W.2d 517 (Marriage of Sullivan v. Sullivan) 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 Sullivan v. Sullivan, 374 N.W.2d 517, 1985 Minn. App. LEXIS 4504 (Mich. Ct. App. 1985).

Opinion

OPINION

CRIPPEN, Judge.

Patrick Sullivan appeals from a post judgment order in this dissolution case. On respondent Rose Sullivan’s motion, the trial court (1) found that Patrick had a past due obligation to Rose of $16,000 under the property settlement awarded to Rose, and reduced that amount to judgment; (2) found that Patrick had not fulfilled his obligation to pay for the educational expenses of the parties’ son Michael, and *518 ordered him to pay $6,700 for that purpose; (3) permitted Rose to list the parties’ homestead for sale if Patrick had not sold it by May 31, 1985; and (4) awarded Rose $300 in attorneys’ fees for the cost of bringing her motion.

Appellant Patrick Sullivan disputes the trial court’s findings on the arrearages owed to Rose under the property settlement and the amount owed to the parties’ son for his educational expenses. Patrick also contends that the trial court abused its discretion in allowing Rose to sell the homestead and in awarding attorneys’ fees. We affirm.

FACTS

Following a trial in October 1983, where a stipulation of the parties was entered into the record and respondent Rose Sullivan proceeded by default, a judgment dissolving the parties’ marriage was entered on May 24, 1984. Under the terms of the judgment Patrick Sullivan was to pay Rose $195,000 as follows: (1) $10,000 within 30 days of the date of entry of the Judgment and Decree; and (2) $1,000 or more per month, beginning November 1, 1983, and continuing until the entire $195,000 is paid, with the added conditions that Patrick pay at least $20,000 in each of the years 1984 and 1985, and that Patrick pay the balance in 1986.

Patrick Sullivan was also ordered to assume the responsibility for the educational expenses of the parties’ three children who were still in school.

Rose was to reside in the homestead with the parties’ children. If she chose to move from the homestead, it was to be sold. If the parties failed to arrange for sale of the homestead by April 1985, it was to be sold by Patrick, who is a licensed real estate broker, and Rose was to cease occupancy when the sale was closed.

In December 1984, Rose Sullivan brought a post judgment motion, alleging that Patrick had failed to comply with both the payment terms of the property settlement and his obligation to pay the college expenses of their son Michael, and requesting an order requiring Patrick to make both of those payments. Asking that sale of the homestead be expedited, she also requested that the trial court set a specific date terminating Patrick’s right to act as the agent in the sale of the home, thus permitting Rose to list the home with another realtor if Patrick had not sold the home by that date. Finally, she requested attorneys’ fees to cover the cost of bringing the motion. On April 1, 1985, the trial court issued an order granting all of her motions, and Patrick Sullivan appeals.

ISSUES

1. Did the trial court err in finding that Patrick Sullivan owes $16,000 to Rose Sullivan in arrearages due under the property settlement?

2. Was it error to find that Patrick Sullivan owes $6,700 to the parties’ son Michael for college expenses?

3. Was the trial court’s order permitting Rose Sullivan to sell the homestead through a realtor if Patrick Sullivan had not sold it by May 31, 1985, an abuse of discretion?

4. Did the trial court abuse its discretion in the award of attorneys’ fees?

ANALYSIS

1.

A trial court’s findings of fact will not be set aside unless clearly erroneous. Minn. R.Civ.P. 52.01.

Appellant offers no convincing evidence that the trial court erred in finding that $16,000 was owed by him to Rose. On appeal, he interprets the judgment’s language regarding the payment schedule to include the initial $10,000, which was to be paid within 30 days of the entry of the judgment, within the total amount of $20,-000 to be paid in 1984. The record before us does not reveal whether appellant made this argument to the trial court; however, the language of the judgment clearly requires a lump sum payment of $10,000 in *519 addition to payment of a minimum of $20,-000 in 1984.

Appellant stated in his affidavit that he was not in arrears on the payment schedule; respondent presented evidence that only $14,000 of $30,000 due in 1984 was paid. No additional evidence of payment or nonpayment has been presented to this court on appeal. The trial court’s finding that appellant owed $16,000 and its order reducing that amount to judgment was not clearly erroneous and will not be disturbed.

2.

Similarly, appellant presents no evidence documenting that he has paid anything towards their son Michael’s college expenses for the 1984 — 1985 school year. As for tuition costs, he states that Michael’s college billed him directly and he, in turn, paid the bills directly to the school. As for other expenses, such as books, transportation, and personal expenses, he offers no evidence of payment. Where there is adequate evidentiary support for the trial court’s factual findings, this court is bound to accept them. Nelson v. Nelson, 291 Minn. 496, 497, 189 N.W.2d 413, 415 (1971). Here, absent proof of payment, and in the face of respondent’s evidence of the cost of Michael’s education and of nonpayment by appellant, the trial court’s finding that he owes $6,700 is supported by the evidence and was not clearly erroneous.

3.

Appellant also requests that this court strike down the trial court’s order terminating him as sales agent for the homestead on May 31, 1985, and permitting respondent to list and sell the home through another realtor if Patrick Sullivan has not sold the home by that date. Minn.Stat. § 518.58 (1984) requires that the trial court make a just and equitable disposition of the property. Ruzic v. Ruzic, 281 N.W.2d 502, 505 (Minn.1979); Kreidler v. Kreidler, 348 N.W.2d 780, 784 (Minn.Ct.App.1984). The court is guided by equitable considerations in distributing rights and liabilities and has broad discretion in such distribution. DeLa Rosa v. DeLa Rosa, 309 N.W.2d 755, 758 (Minn.1981); Kreidler, 348 N.W.2d at 784. The decision will not be overturned on appeal unless there was a clear abuse of discretion. Bogen v. Bogen, 261 N.W.2d 606, 609 (Minn.1977); Reck v. Reck, 346 N.W.2d 675, 678 (Minn.Ct.App.1984).

The judgment originally proposed that the sale should be finalized no later than June 1985; the post judgment order also encourages a sale by that date. By issuing its order, the only material change the trial court made in the terms of the judgment was to remove appellant as agent for the sale of the home.

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

Related

Marriage of Jensen v. Jensen
440 N.W.2d 152 (Court of Appeals of Minnesota, 1989)
The Marriage Erickson v. Erickson
430 N.W.2d 499 (Court of Appeals of Minnesota, 1988)
Marriage of Ulrich v. Ulrich
400 N.W.2d 213 (Court of Appeals of Minnesota, 1987)
Marriage of Linder v. Linder
391 N.W.2d 5 (Court of Appeals of Minnesota, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
374 N.W.2d 517, 1985 Minn. App. LEXIS 4504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-sullivan-v-sullivan-minnctapp-1985.