Marriage of Wagstrom v. Wagstrom

394 N.W.2d 841, 1986 Minn. App. LEXIS 4904
CourtCourt of Appeals of Minnesota
DecidedOctober 28, 1986
DocketC2-86-661
StatusPublished
Cited by1 cases

This text of 394 N.W.2d 841 (Marriage of Wagstrom v. Wagstrom) 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 Wagstrom v. Wagstrom, 394 N.W.2d 841, 1986 Minn. App. LEXIS 4904 (Mich. Ct. App. 1986).

Opinion

OPINION

HUSPENI, Judge.

Gerald Wagstrom appeals from a trial court order modifying the maintenance provision of a 1974 dissolution judgment. 1 We affirm.

FACTS

Appellant Gerald Wagstrom and respondent Kathleen Wagstrom were married in 1959. Four children were born of their marriage which was dissolved in 1974. At the time of the dissolution, respondent was 34 years old, employed part-time and earned $230 per month. She was employed for only a brief period during the marriage and not at all after 1976. She was in poor health during the marriage due to rheumatoid arthritis, chronic depression, anxiety neurosis and alcohol dependency. Appellant was employed by Control Data Corporation with a gross income of $19,200 per year at the time of the dissolution.

Respondent was granted custody of the parties’ four children, as well as occupancy of the parties’ homestead until the youngest child reached age 18. Appellant was required to make all payments on the homestead and to maintain it. The monthly house payment was $462. In addition he was ordered to pay support of $50 per child per month and maintenance of $100 per month.

In the dissolution decree appellant was awarded title to, and all interest in the homestead except for a $2,500 lien in respondent’s favor. Appellant was to satisfy the lien when the parties’ youngest child became 18. The decree did not specify a *843 termination date for maintenance or address the possibility of respondent’s deteriorating health.

In 1976 respondent began receiving $314 per month in AFDC payments. Those payments continued through 1985. Appellant paid the $100 maintenance and $50 per child support payment to Hennepin County to be set off against the AFDC grant. He continued to make the monthly mortgage payment directly to the mortgage company. 2

In 1984 the Social Security Administration classified respondent as disabled, finding she suffers from mixed connective tissue disease, of both systemic lupus rythe-matosis and rheumatoid arthritis, as well as from chronic depression, anxiety neurosis and a history of alcohol dependency. Her social security disability benefits are $325 per month.

Appellant remarried and lives in California. He owns a computer consulting business in partnership with his wife. In 1984 the partnership gross income was $170,922 with approximately $55,000 taxable income. Appellant’s monthly living expenses are $2,705, which includes a monthly payment of $462 for the parties’ Minneapolis homestead. Respondent’s monthly expenses are $1,204.51, including an estimated $500 housing cost.

In September 1985, respondent moved for an order awarding her occupancy of the homestead at appellant’s expense until she dies, remarries or voluntarily moves. Alternatively, she asked the court to increase maintenance from $100 to $800 per month. Respondent also requested attorney’s fees, an order to restrain appellant from selling the home or evicting her and a trial on the maintenance issue. Appellant then moved to terminate maintenance, for an award of attorney’s fees and for an order requiring respondent to vacate the homestead.

In October 1985, a family court referee recommended denial of respondent’s motions to remain in the homestead and to restrain appellant from evicting her. The referee also recommended increasing maintenance to $600 per month.

Appellant sought district court review of the recommendation to increase maintenance. Alternatively, he moved for enforcement of a 1977 California order purporting to reduce maintenance from $100 to $50 per month. Respondent sought review of the order denying her motion to continue residing in the homestead. Alternatively, she asked for $800 per month as maintenance and for appointment of a trustee to oversee maintenance payments from the proceeds of the sale of the house.

In February 1986, the trial court ordered appellant to pay respondent $600 per month maintenance beginning April 1, 1986, ordered respondent to vacate the parties’ homestead, and denied respondent’s motion to appoint a trustee. The parties agreed to sell the homestead and respondent had already vacated it by the time the order was issued.

In the findings supporting the modification- order the trial court found that in 1974, appellant’s gross income was $19,200 yearly. In 1984, his partnership gross income before deductions was $66,066, and after deductions was $55,053, of which $27,526.50 was attributable to appellant as his 50% interest. The remaining 50% was attributable to his wife, a partner in the business. The trial court found appellant’s *844 monthly living expenses were $2,795, which includes $700 per month for combined short term debt, maintenance payments to respondent, and payments on the Minnesota homestead.

The court found respondent’s monthly living expenses were $1,204.51 and that she receives $325 per month as supplemental social security if she lives away from the homestead. She no longer receives AFDC payments. In addition, the trial court adopted the Social Security Administration finding that respondent is disabled.

The trial court held that the 1977 California order did not expressly modify the Minnesota decree and thus does not modify appellant’s support obligation under Minnesota law. Further, the trial court expressly held it had jurisdiction to modify the conditions under which respondent occupies the homestead considering it a form of spousal maintenance and/or child support, not a property division. The trial court determined, however, that it would be inequitable to further delay appellant from receiving the homestead, especially since no minor children reside there.

After considering appellant’s increased earnings, his wife’s income 3 , both parties’ necessary monthly living expenses and respondent’s inability to obtain employment due to her progressively deteriorating physical condition, the trial court found there has been a substantial and material change in circumstances causing the original cash maintenance award to be unreasonable and unfair. It modified the maintenance provision from $100 to $600 per month.

ISSUES

1. Did the trial court err in interpreting the 1974 judgment as providing for permanent maintenance?

2. Did the trial court abuse its discretion in modifying appellant’s maintenance obligation from $100 to $600 per month?

ANALYSIS

I.

The dissolution decree provided that appellant:

pay to Respondent the sum of $100 per month as and for [maintenance] payable in installments of $50.00 on the 1st and 15th of each month following entry of Judgment, such payments to be made through the Hennepin County Department of Court Services, commencing 6-1-74.

Appellant argues that this language should not be interpreted as providing for permanent spousal maintenance. We cannot agree.

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Bluebook (online)
394 N.W.2d 841, 1986 Minn. App. LEXIS 4904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-wagstrom-v-wagstrom-minnctapp-1986.