Marriage of Valento v. Valento

385 N.W.2d 860, 1986 Minn. App. LEXIS 4233
CourtCourt of Appeals of Minnesota
DecidedApril 22, 1986
DocketC9-85-1683
StatusPublished
Cited by27 cases

This text of 385 N.W.2d 860 (Marriage of Valento v. Valento) 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 Valento v. Valento, 385 N.W.2d 860, 1986 Minn. App. LEXIS 4233 (Mich. Ct. App. 1986).

Opinion

OPINION

FORSBERG, Judge.

This appeal involves a marriage dissolution. Jeffrey D. Valento appeals from certain aspects of a judgment and decree entered June 7, 1985, which dissolved his marriage to Robin A. Valento. Appellant disputes the trial court’s departure from the child support guidelines, the court’s award of the dependency deduction to respondent, and the court’s refusal to order an immediate sale of the homestead so that he could realize his share of the equity now. We affirm on the issues of the dependency deduction and the sale of the homestead and reverse and remand the support order for findings to justify a departure from the guidelines.

FACTS

The marriage of Robin and Jeffrey Va-lento was dissolved in June of 1985. The parties had one minor child, Jason, who was five years old at the time.

At trial the parties dictated into the record their agreement regarding the issues of child custody, visitation, property settlement and spousal maintenance. The parties had agreed that they would have joint legal and physical custody of their son. Appellant was to have physical custody for 12 days out of every 28 and respondent 16 days out of every 28.

The remaining issues, including child support, an award of the homestead, the child dependency tax exemption, and attorney’s fees were submitted to the court. The parties presented testimony to the trial court on the first three issues. By a decision dated May 9, 1985, the trial court determined the issues in dispute.

Jeffrey Valento is employed by GCA Corporation. The trial court found that appellant’s net monthly income was approximately $1,980 and his monthly expenses were approximately $1,300.

Robin Valento is employed by the State of Minnesota. The trial court found that she had a net monthly income of $950 and her monthly expenses were approximately $1,300.

Appellant testified that the parties’ child had no means of support and no resources other than what he received from his parents. The trial court found that the child’s needs would be met by a support payment of $350 per month from the appellant to the respondent. The court stated:

In setting the support figure, the Court takes into account the fact that the child will be living with petitioner 12 days out of every 28 and with the respondent 16 days out of every 28. The Court also takes into account the respective incomes of the two parties.

No other findings were made regarding the child support figure.

The decree provided that the respondent would pay all child care expenses, which *862 respondent testified amounted to $144.00 a month. She was given the right to claim the minor child as a dependent for federal and state income tax purposes. She was awarded the homestead of the parties subject to a lien in favor of the appellant. The lien is to be satisfied upon certain contingencies.

Respondent was ordered to make all the payments of principal, interest, taxes and insurance on the homestead. At the time of the payment of the lien or when the home is sold, respondent is to be given credit for any reductions in principal in the mortgage and the parties are to split the remaining equity. Jeffrey Valento appeals from the judgment and decree.

ISSUES

I. Did the trial court abuse its discretion in setting child support at $350 per month?

II. Did the trial court abuse its discretion in giving respondent the dependency deduction?

III. Did the trial court abuse its discretion in not ordering an immediate sale of the homestead?

ANALYSIS

I.

Appellant claims that the support amount is excessive under the child support guidelines set out in Minn.Stat. § 518.551, subd. 5 (1984) as applied to a joint physical custody situation; that the support award is excessive because the court merely deducted respondent’s income from her expenses; and that the support is excessive because it is greater than the guidelines provide for and is unsupported by findings.

The method for applying the guidelines to joint custody situations was set out in Hortis v. Hortis, 367 N.W.2d 633 (Minn.Ct.App.1985). In Hortis this court held that the trial court incorrectly applied the guidelines where the parties were awarded joint physical custody of their two children. Id. at 634. In setting a support amount the trial court had subtracted the mother’s guideline amount from the father’s guideline amount. Id. at 635. The difference was awarded as support to the mother, to be paid by the father as monthly support year-round, which included the time when the father had custody. Id.

This court reversed in part because the father’s contributions as a custodial parent were not recognized by the trial court. Id. We held that the proper method of determining support in a joint custody case was to require the father to pay his guideline amount only during the months when the mother had custody and vice-versa. Id.

The same method should be used in all joint custody situations, unless there are specific reasons for a departure. See Hortis, 367 N.W.2d at 636 (absent a showing that the children’s needs require a higher level of support from the parent with the higher income, the guidelines should be straightforwardly applied). An upward departure is authorized without express findings only if the parties agree or if the court makes further findings. Minn.Stat. § 518.-551, subd. 5(e) (1984). Absent evidence of mutual consent findings are required to justify an upward departure. Johnson v. Johnson, 352 N.W.2d 819, 821 (Minn.Ct.App.1984).

In this case, if respondent had sole physical custody, appellant’s guideline amount would be $495.33 per month ($1,981.33 X 25%). See Minn.Stat. § 518.-551, subd. 5. If appellant had sole custody, respondent’s guideline amount would be $218.50 ($950.00 X 23%).

Appellant argues that under Hortis those figures should be reduced to 16/28 of appellant’s guideline amount and 12/28 of respondent’s guideline. This would reflect the amount of time support is owed while the other parent has custody. Next, according to appellant, the respondent's reduced amount should be subtracted from appellant’s reduced amount to arrive at the *863 total monthly support required under the guidelines, about $189.41. 1

This method of computing child support follows Hortis. See Hortis, 367 N.W.2d at 635-36. A party’s support obligation is determined by his or her guideline amount for the period of time the other parent has custody. Id. Payments may be made strictly during that time period or may be spread out over the entire year. Id. at 636.

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

Related

Marriage of Schallinger v. Schallinger
699 N.W.2d 15 (Court of Appeals of Minnesota, 2005)
Kammueller v. Kammueller
672 N.W.2d 594 (Court of Appeals of Minnesota, 2003)
Marriage of Schlichting v. Paulus
632 N.W.2d 790 (Court of Appeals of Minnesota, 2001)
Marriage of Davis v. Davis
631 N.W.2d 822 (Court of Appeals of Minnesota, 2001)
Marriage of Rogers v. Rogers
622 N.W.2d 813 (Supreme Court of Minnesota, 2001)
Marriage of Blonigen v. Blonigen
621 N.W.2d 276 (Court of Appeals of Minnesota, 2001)
Marriage of Rumney v. Rumney
611 N.W.2d 71 (Court of Appeals of Minnesota, 2000)
Crosby v. Crosby
587 N.W.2d 292 (Court of Appeals of Minnesota, 1998)
Ver Kuilen v. Ver Kuilen
578 N.W.2d 790 (Court of Appeals of Minnesota, 1998)
Marriage of Tweeton v. Tweeton
560 N.W.2d 746 (Court of Appeals of Minnesota, 1997)
Mulholland v. Mulholland, No. Fa-89-0362120 (Jun. 13, 1994)
1994 Conn. Super. Ct. 6578 (Connecticut Superior Court, 1994)
In Re the Welfare of C.M.G.
516 N.W.2d 555 (Court of Appeals of Minnesota, 1994)
Mulholland v. Mulholland, No. Fa 89-0362120 (Feb. 16, 1993)
1993 Conn. Super. Ct. 2072 (Connecticut Superior Court, 1993)
Marriage of Broas v. Broas
472 N.W.2d 671 (Court of Appeals of Minnesota, 1991)
Motes v. Motes
786 P.2d 232 (Court of Appeals of Utah, 1989)
Gwodz v. Gwodz
560 A.2d 85 (New Jersey Superior Court App Division, 1989)
Fullmer v. Fullmer
761 P.2d 942 (Court of Appeals of Utah, 1988)
Cross v. Cross
363 S.E.2d 449 (West Virginia Supreme Court, 1987)
Marriage of Pavlasek v. Pavlasek
415 N.W.2d 42 (Court of Appeals of Minnesota, 1987)
Marriage of Veit v. Veit
413 N.W.2d 601 (Court of Appeals of Minnesota, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
385 N.W.2d 860, 1986 Minn. App. LEXIS 4233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-valento-v-valento-minnctapp-1986.