Ruud v. Ruud

372 N.W.2d 851
CourtCourt of Appeals of Minnesota
DecidedOctober 29, 1985
DocketC9-84-2015
StatusPublished
Cited by6 cases

This text of 372 N.W.2d 851 (Ruud v. Ruud) 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
Ruud v. Ruud, 372 N.W.2d 851 (Mich. Ct. App. 1985).

Opinions

OPINION

RANDALL, Judge.

Charles A. Ruud appeals the October 10, 1984, judgment in this dissolution case. The judgment resulted from a post dissolution proceeding in which respondent Diane M. Ruud (n.k.a. Diane Coppens) sought enforcement of appellant’s spousal maintenance obligation. We reverse in part and affirm in part.

FACTS

The parties were married in 1975, and separated in December 1982. They have no children. Respondent sued for dissolution.

During the marriage, the parties accumulated assets including 15 parcels of real property. At the time of dissolution, 13 parcels remained. The parties disputed the fair market value of these parcels. After extensive pretrial negotiations, the parties reached an agreement which was presented to the trial court in an oral stipulation by the attorneys. This agreement provided for distribution of three parcels with a total net equity value of almost $200,000 to respondent and the remaining ten parcels with a total net equity value in excess of $250,000 to appellant.

In the stipulation, the parties divided their property and also agreed that appellant would make annual payments to respondent of $10,000 for a period of four years. The parties agreed that the first two payments would be classified as spousal maintenance payments while the final two payments would be classified as property settlement payments. The oral stipulation (on the record and transcribed) is worded in part as follows:

In addition to that division of the real estate, the Respondent would also make payments to the Petitioner in the amount of $10,000 a year for four years. The first payment would be due and payable on May 15th, 1983, and the other payments would be due on the 15th day of May in 1984, 1985 and 1986. The first two of those would be identified and accepted by the Petitioner as lump sum maintenance payments and the second two will be accepted by her as lump sum distribution of the property settlement.

The actual dissolution decree signed by the court separated the four $10,000 payments.

In the decree under the heading “Real Property,” the court awarded certain real estate to appellant and certain real estate to respondent, with respondent being granted a non-interest bearing lien running in her favor in the amount of $20,000 payable in two equal payments, one on May 15, 1985, and the second on May 15, 1986.

In the decree under the heading “Maintenance,” it states as follows:

The respondent shall pay to the Petitioner as and for maintenance the sum of [853]*853$20,000.00, payable in two equal annual installments on May 15, 1983 and May 15, 1984, and thereafter both parties waive any further claim against each other for further maintenance, and the Court shall have no further jurisdiction to consider any claim for maintenance not arising out of this provision.

In October, 1983, respondent remarried. As a result of this marriage, appellant believed it was not necessary to make the $10,000 maintenance payment which was due on May 15, 1984. Respondent sought relief from the court compelling this payment. Appellant brought a counter-motion seeking termination of his spousal maintenance obligation based upon respondent’s remarriage.

Appellant’s counter-motion also requested that respondent pay one half of the $11,822 income tax liability from 1982. Respondent first learned of this tax liability in August, 1983, when appellant asked for her signature on their 1982 joint income tax return.

The trial court conducted an evidentiary hearing on August 24, 1984. The court ruled that the spousal maintenance obligation was due immediately upon entry of the original judgment, but merely payable in two equal installments. Therefore, respondent’s remarriage did not eliminate appellant’s duty to make the spousal maintenance payment. The trial court also set respondent’s tax liability based upon her proportionate share of the entire 1982 family income. The court’s memo was incorporated into the judgment and states in part:

While it is the rule in the State of Minnesota, absent a specific statement to the contrary, that alimony or maintenance terminates with the remarriage of the parties, a careful reading of the decree indicates that the $20,000 maintenance is due immediately, but merely payable in two annual installments. It is a specific amount; it is a total amount; and even though it is denominated as maintenance, it surely smacks of being property settlement. Nevertheless, the way it is worded, the Court considers it as maintenance, obviously done for tax purposes. But the Decree specifically sets forth that it is immediately due, but merely that payment is delayed. The fact that the payment is delayed does not mean that a remarriage of the parties will eliminate the necessity to make that payment. * * * (Emphasis added.)
* * * The Petitioner’s income was $3,000.00; as a matter of fact, that primarily was derived from the Respondent. $3,000.00 is .057 percent of the entire family income; .05 percent of the $11,-822.00 total tax obligation is $673.85. It was the Respondent’s own actions that created the penalty and interest obligations, and the Petitioner, by no stretch of the imagination, should be considered liable to make contribution to that obligation.

Charles Ruud appeals from this judgment.

ISSUES

1. Did the trial court err in ruling appellant must make a maintenance payment to respondent after her remarriage?

2. Did the trial court err in ruling respondent owed .05 percent of the parties’ joint 1982 tax liability?

ANALYSIS

I.

Maintenance

This decision requires interpretation of Minn.Stat. § 518.64, subd. 3 (1982), which provides:

Unless otherwise agreed in writing or expressly provided in the decree, the obligation to pay future maintenance is terminated upon the death of either party or the remarriage of the party receiving maintenance.

Appellate courts need not defer to the trial court in reviewing questions of law. Van de Loo v. Van de Loo, 346 N.W.2d 173, 175 (Minn.Ct.App.1984) (citations omitted).

[854]*854Here, the trial court ruled that maintenance was due immediately upon judgment, and was therefore not “future maintenance” under § 518.64, subd. 3. Therefore, the court ruled appellant may not avoid payment of the $10,000 due May 15, 1984, merely because of respondent’s remarriage.

Contrary to the trial court’s incorporated memorandum, the dissolution decree does not specifically use the term “immediately due” nor does it state that the payment is “delayed.” Instead, it states,

The Respondent shall pay to the Petitioner as and for maintenance the sum of $20,000, payable in two equal annual installments on May 15, 1983 and May 15, 1984 * * *.

In addition, we note that, although the court, in its memorandum, found that the installments entitled “maintenance” appeared to cross over into a negotiated property settlement, nevertheless, the court found them to be maintenance.

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Ruud v. Ruud
372 N.W.2d 851 (Court of Appeals of Minnesota, 1985)

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372 N.W.2d 851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruud-v-ruud-minnctapp-1985.