Quamme v. Bellino

• Decision Date: 15 October 2002
• Docket Number: No. 20020024.,20020024.
• Parties: Brian J. QUAMME, Plaintiff and Appellant, v. Joann L. BELLINO, f/k/a Joann L. Quamme, Defendant and Appellee.
• Court: North Dakota Supreme Court

652 N.W.2d 360

2002 ND 159

Brian J. QUAMME, Plaintiff and Appellant, v. Joann L. BELLINO, f/k/a Joann L. Quamme, Defendant and Appellee.

No. 20020024.

Supreme Court of North Dakota.

October 15, 2002.

John D. Bullis, Lies & Bullis, Wahpeton, N.D., for plaintiff and appellant.

Mark A. Meyer, Meyer Law Firm, Wahpeton, N.D., for defendant and appellee.

MARING, Justice.

[¶ 1] Brian J. Quamme appealed from an amended judgment awarding Quamme's former spouse, Joann L. Bellino, permanent spousal support. We hold the trial court retained jurisdiction to make an award of permanent spousal support, the court's finding there was a material change of circumstances justifying an award of permanent spousal support was not clearly erroneous, and the trial court did not abuse its discretion in reserving the issue of whether the spousal support award should terminate upon Quamme's death. We affirm.

I

[¶ 2] Quamme and Bellino were married in August 1976. In September 1982 their son, Adam, was born, and in September 1984 their daughter, Breanna, was born. The parties were divorced in October 1991. In April 1995, the district court entered an amended judgment awarding Bellino rehabilitative spousal support of $500 per month for four years. In December 1996, the court increased the spousal support to $709 per month, retroactive to April 1995. On March 11, 1999, prior to expiration of the temporary support award, Bellino filed a motion asking the district court to award her permanent spousal support. In a May 12, 1999 order, the district court continued Bellino's motion until September 1, 1999, for the purpose of allowing her to obtain additional financial records from Quamme.

[¶ 3] Bellino renewed her motion for permanent spousal support on February 5, 2000. A hearing was held on May 2, 2000, and on July 24, 2000, the court entered an order denying Bellino's request for permanent spousal support but reserving "the issue of rehabilitative and/or permanent spousal support until such time as the parties' first child becomes emancipated and until a reasonable time after the last child is emancipated."

[¶ 4] On August 17, 2001, Bellino again filed a motion requesting permanent spousal support. A hearing on that motion was held on September 20, 2001. The court entered an order and amended judgment on December 14, 2001, awarding Bellino permanent spousal support of $764 per month from October 2001 until September 2003, and permanent support of $1,500 per month commencing October 2003, to be terminated upon Bellino's death or remarriage. Quamme appealed.

II

[¶ 5] Quamme asserts the trial court lost jurisdiction to award permanent spousal support when the support issue was not resolved by September 1, 1999, the date to which the court continued Bellino's March 11, 1999 motion for permanent spousal support, and Bellino did not renew the motion until February 5, 2000.

[¶ 6] The issue whether a trial court lacks subject matter jurisdiction to modify an original spousal support order is a question of law which is fully reviewable by this Court on appeal. Bellefeuille v. Bellefeuille, 2001 ND 192, ¶ 17, 636 N.W.2d 195. When there has been an initial award of spousal support, the district court retains jurisdiction to modify the award at least as long as the spousal support continues. Id. at ¶ 19.

[¶ 7] In an appeal brought by Bellino from a prior amended judgment in this case, she argued the district court erred in failing to specifically retain jurisdiction to award permanent spousal support in the future. In resolving that appeal, this Court in Quamme v. Bellino, 540 N.W.2d 142, 147 (N.D.1995), concluded:

At least as long as spousal support continues, the district court retains jurisdiction to award permanent spousal support. If circumstances merit, before the rehabilitative spousal support ends, Bellino may apply for further spousal support, or for reservation of jurisdiction over the issue.

(Citations omitted.)

[¶ 8] Bellino did move for permanent spousal support on March 11, 1999, prior to the termination of the four-year temporary spousal support award which began in April 1995. After a hearing, the district court continued Bellino's motion for permanent spousal support until September 1, 1999, for the purpose of allowing her to obtain additional financial records from Quamme. The issue was not resolved by September 1, 1999, and Quamme argues the district court lost jurisdiction to award permanent spousal support because Bellino did not formally renew her motion until February 5, 2000. However, Quamme has not directed our attention to any case which holds that a pending motion in a trial court automatically terminates when the court continues the motion to a specified date and the issue is not resolved by that date.

[¶ 9] The facts of this case are clearly distinguishable from the facts in Bellefeuille v. Bellefeuille, 2001 ND 192, ¶ 10, 636 N.W.2d 195, wherein this Court held the trial court lost jurisdiction to modify a spousal support award. In Bellefeuille the court awarded spousal support in the original divorce decree to the wife "terminat[ing] at the end of the 5th year following entry of the judgment decree granting the divorce or until the death of the wife, whichever shall first occur." Id. at ¶ 4. The obligee did not request modification of the award until nearly 16 years after the last spousal support payment was made. Under those circumstances, this Court held the trial court was without jurisdiction to modify the original spousal support award. Here, Bellino moved for a modification of spousal support during the time support payments were being made under the original divorce decree. Before an award of rehabilitative spousal support terminates, the obligee can apply for further support and the trial court retains jurisdiction to act on the request. Id. at ¶ 19. Clearly, the trial court retained jurisdiction to act on Bellino's motion for permanent spousal support.

[¶ 10] Furthermore, there is no indication in the district court's order or pronouncements from the bench that the court intended Bellino's motion to expire on September 1, 1999. In the May 12, 1999 order the district court states: "In the event [Bellino's] motion is not resolved on or before September 1, 1999, [Quamme] shall make payments of $400 per month toward the existing child support arrearage owed [Bellino]." While presiding over the May 2, 2000 hearing, the court, in response to a discussion about expert testimony regarding the parties' financial circumstances, stated:

I didn't anticipate this thing would continue for a year but it takes time to get the information. I understand. So I am not going to bar him at this point. I will see where it goes.

A trial court's clarification of a previously entered decree by that same court is given considerable deference by this Court in construing the original order or decree. Dakutak v. Dakutak, 1997 ND 76, ¶ 6, 562 N.W.2d 750; Anderson v. Anderson, 522 N.W.2d 476, 478 (N.D.1994). The trial court clearly did not intend the motion would expire on September 1, 1999 if not resolved at that time by the court, and we give deference to the trial court's view of its order continuing the motion.

[¶ 11] Under these circumstances, we conclude the district court did not lose jurisdiction to decide Bellino's motion for permanent spousal support. The motion was timely filed prior to expiration of the temporary spousal support award. Although it took the parties longer than anticipated by the court to secure relevant financial records, there is nothing specific in the court's orders or statements to conclude Bellino's March 11, 1999 motion was to expire prior to the court's resolution of it on the merits or that she needed to obtain an extension. We, therefore, hold the district court retained jurisdiction to resolve the spousal support issue.

III

[¶ 12] Quamme asserts there has been no material change of circumstances since the original award of rehabilitative spousal support to justify a change awarding Bellino permanent spousal support.

[¶ 13] While temporary spousal support to rehabilitate a disadvantaged spouse is preferred, spousal support may be required indefinitely to maintain a spouse who cannot be adequately retrained to independent economic status. van Oosting v. van Oosting, 521 N.W.2d 93, 100 (N.D.1994). We explained the standard for modifying spousal support in Wheeler v. Wheeler, 419 N.W.2d 923, 925 (N.D. 1988):

To modify spousal support, circumstances must have changed materially. Slight, or even moderate, changes in the parties' relative incomes are not necessarily material. "Material change" means something which substantially affects the financial abilities or needs of a party. The reason for changes in income must be examined, as well as the extent that the changes were contemplated at the time of the agreed decree.

(Citations omitted.)

[¶ 14] The party seeking modification of spousal support bears the burden of showing a material change in circumstances warranting a modification. Schmitz v. Schmitz, 1998 ND 203, ¶ 5, 586 N.W.2d 490. A district court's determination of changed circumstances justifying a modification of spousal support is a finding of fact, which will only be set aside on appeal if it is clearly erroneous. Id. Under N.D.R.Civ.P. 52(a), a finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if there is no evidence to support it, or if, although there is some evidence to support it, on the entire record this Court is left with a definite and firm conviction that a mistake has been made. Id. A material change in circumstances means something which substantially affects the parties' financial abilities or needs, and the reasons for changes in income must be examined as well as the extent the changes were contemplated by the parties at the time of the initial decree or a subsequent modification. Schmalle v. Schmalle, 1998 ND 201, ¶ 12,...