Marriage of Winter v. Winter

375 N.W.2d 76, 1985 Minn. App. LEXIS 4738
CourtCourt of Appeals of Minnesota
DecidedOctober 22, 1985
DocketC5-85-563
StatusPublished
Cited by19 cases

This text of 375 N.W.2d 76 (Marriage of Winter v. Winter) 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 Winter v. Winter, 375 N.W.2d 76, 1985 Minn. App. LEXIS 4738 (Mich. Ct. App. 1985).

Opinions

OPINION

LANSING, Judge

Mary Winter appeals the trial court’s refusal to modify Laurence Winter’s child support obligation. Although the decree provides for support to terminate when the children reach age 21, the trial court concluded that it had no power to increase the amount of support for those children who are presently 18 years or older. The trial court also found that the circumstances of both parties and the needs of the children had substantially changed, but that the original child support order remained fair and reasonable. Mary Winter contends that she is entitled to attorney’s fees at trial and on appeal. We reverse and remand.

FACTS

The Winters were married in 1960, and their marriage was dissolved in 1971. Mary Winter was granted custody of their four children: Anne, now age 22; Catherine, now age 21; William, now age 18; and Peter, now age 17. The parties stipulated that Laurence Winter would pay $200 per [78]*78month per child until each child reached age 21, entered the military, married, died, or became self-supporting or emancipated. In 1970, when the parties set the child support obligation, Laurence Winter had just begun practicing medicine and his gross income was about $21,000. Mary Winter had income of between $8,000 and $10,000 per year from a trust established by her grandfather. The decree was amended in 1975 to eliminate her receipt of $700 per month in maintenance, but the child support provisions were never modified.

In August 1984 Mary Winter moved to increase child support. At that time she was earning $54,000 per year in gross income as a referee for the Hennepin County District Court; she also receives approximately $34,000 in annual trust income. She has remarried, and her second husband earns gross income of about $45,000 per year. She has saved a minimal amount of money over the years and in 1983 invaded trust principal to the extent of $48,000 to pay for repairs and improvements to her home.

Laurence Winter has married for the third time and has custody of two children from his second marriage. When he began to testify at the hearing, the trial court indicated that a substantial change of circumstances had already been demonstrated. Consequently, the record contains relatively little information about his financial resources other than his salary. In 1983 his gross salary was $456,000 and his net salary was about $258,000. Through the third quarter of 1984 his gross salary was $545,000.

The Winter children each receive between $4,000 and $6,500 annually in income from individual trusts established by Mary Winter’s mother.1 The trust principal for each child was originally about $136,000, but the two oldest children invaded principal to the extent of about $50,000 to cover college expenses.

The trial court found that despite the change in circumstances of the parents and the increased needs of the children, the terms of the original decree remained fair. The trial court also concluded that any increase in support for any child 18 years or older “is beyond the power of the court.”

ISSUES

1. Did the trial court err in finding that it had no power to increase support for those children between the ages of 18 and 21?

2. Did the trial court err in finding that, despite the change in circumstances, the 1970 order remained fair and reasonable?

3. Is appellant entitled to an award of attorney’s fees for the litigation at trial or on appeal?

I

Laurence Winter does not dispute that his support obligation extends until the children reach age 21. See Brugger v. Brugger, 303 Minn. 488, 229 N.W.2d 131 (1975). He argues, however, that the court had no power to increase support for the children who at the time of the hearing were between the ages of 18 and 21. The trial court agreed with him and concluded that “[a]ny increase in support for any child of the parties eighteen (18) years of age or older, or to be paid beyond that age, unless the child is under 20 and in secondary school, is beyond the power of the Court.”

In support of his argument Dr. Winter cites Hampton v. Hampton, 303 Minn. 500, 229 N.W.2d 139 (Minn.1975). In that case the court held that the contempt power is not available to enforce actions for accrued child support as to children over the age of 18. Id. at 502, 229 N.W.2d at 141. However, Hampton addressed only the availability of the “extreme sanctions of contempt,” not the continuing jurisdiction of the trial court in child support matters.

[79]*79As the Minnesota Supreme Court recently said,

In the practice of family law * * * modifications of judgments on the basis of changed circumstances are sui gener-is and do not fit within the reasons for the rules with respect to finality of judgments * * *. [Djomestic relationships, by their nature, continue under the jurisdiction of the court virtually throughout the lives of the parties. Accordingly, the legislature specifically authorized modification, in cases of changed circumstances, of those provisions of divorce decrees affecting custody, visitation, maintenance, and support.

Angelos v. Angelos, 367 N.W.2d 518, 519 (Minn.1985). As long as the court retains jurisdiction over the children’s support, the court may modify the obligation at its discretion, whether by increasing or decreasing the amount. See, e.g., Streitz v. Streitz, 363 N.W.2d 135 (Minn.Ct.App.1985) (this court remanded for a reduction in child support for two children between the ages of 18 and 21 because of the father’s decreased earnings).

In this case the decree gives the court jurisdiction over child support until the children reach 21. Therefore the trial court erred in concluding that it had no power to increase Laurence Winter’s support obligation for his children between the ages of 18 and 21. Neither does a stipulation entered into 15 years ago limit the discretionary power of the court in setting child support now, as long as modification is justified. See Hellman v. Hellman, 250 Minn. 422, 426, 84 N.W.2d 367, 371 (1957); see also Kaiser v. Kaiser, 290 Minn. 173, 180, 186 N.W.2d 678, 683 (1971).

II

Child support may be modified upon a showing of substantially increased earnings or needs of a party that render the terms of the original decree unreasonable or unfair. See Minn.Stat. § 518.64, subd. 2 (1984).

The trial court found that a substantial change had occurred in both the earnings of the parents and the needs of the children, but that the change did not make the original decree unreasonable or unfair. However, the court somewhat inconsistently implies that the decree is unfair when it goes on to find that a deviation from the guidelines is required:

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Marriage of Winter v. Winter
375 N.W.2d 76 (Court of Appeals of Minnesota, 1985)

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Bluebook (online)
375 N.W.2d 76, 1985 Minn. App. LEXIS 4738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-winter-v-winter-minnctapp-1985.