Rutten v. Rutten

• Decision Date: 13 April 1984
• Docket Number: No. C2-82-1591,C2-82-1591
• Citation: 347 N.W.2d 47
• Parties: In re the Marriage of Gayle A. RUTTEN, Respondent, v. James W. RUTTEN, Appellant.
• Court: Minnesota Supreme Court

Page 47

347 N.W.2d 47

In re the Marriage of Gayle A. RUTTEN, Respondent, v. James W. RUTTEN, Appellant.

No. C2-82-1591.

Supreme Court of Minnesota.

April 13, 1984.

Francis J. Rheinberger, Stillwater, for appellant.

Lyle J. Eckberg, James I. Moberg, Stillwater, for respondent.

Considered and decided by the court en banc without oral argument.

WAHL, Justice.

This appeal arises from a dissolution proceeding in Washington County District Court. James Rutten, respondent below, challenges the trial court's award of nonmarital property, the amount of child support and other expenses he is ordered to pay, and the restrictions placed on visitation. Because we do not find the decision of the trial court on any issue to be clearly erroneous, we affirm.

Gayle Rutten and James Rutten had been married 10 years at the time the marriage was dissolved. They had two children, five and six years of age. James, 36, had been an officer with the St. Paul Police Department for 10 years, earning $914 every 2 weeks, with take-home pay of at least $1,400 per month. He had a bachelor's degree from the College of St. Thomas and a vocational degree in communications from the St. Paul Technical Vocational Institute. He had repaired electronic equipment at home but had discontinued doing so by the time the dissolution action was commenced. He had also received in the past $100 per month as secretary of the police band and might in the future again receive some compensation for his services. Gayle, 32, was a high school graduate with secretarial skills which she had not used since the first child was born 6 years before. For 2 1/2 years she had operated a licensed day care center in her home. Her average monthly income from that source was between $225 and $275. The center was licensed for five children, including her own two children part-time.

The couple possessed modest marital assets. They owned their homestead, valued at $69,900 with a net value of $54,764 after the mortgage balance was subtracted. They owned household goods and furnishings valued at $2,500, as well as other personal property including electronic equipment, camera equipment, radio station transmitting equipment, scuba equipment, a boat and trailer, a camper trailer, and a duck trap. A semi-portable swimming pool was included as personal property by the court but was a part of the assessed valuation of the house. They also owned a 1980 Ford station wagon, which was encumbered, and a 1976 Plymouth Arrow, which was not. They owed $4,564 on the station wagon, $14,791 on their home mortgage, and approximately $950 on charge accounts.

James had a pension with the St. Paul Police Department into which he paid $79 every 2 weeks, or about $2,000 per year. He had hospitalization and medical insurance available to him through his employment and some life insurance coverage. In addition, he had recently inherited a one-third interest in certain Carver County real estate, an interest valued at $95,000.

The trial court made a specific finding that

petitioner's resources, including the portion of petitioner's marital property are inadequate so as to work an unfair hardship on the petitioner; also in view of the difference in income between the parties, the pension accumulation of the respondent, the length of marriage of the parties, the lack of vocational skills of petitioner and her employability, and the fact that petitioner's opportunity for future acquisition of capital assets is very much less than the respondent, the respondent's non-marital property should be considered in the division of the property of the parties hereto.

The court awarded custody of the children to Gayle, with reasonable visitation on the part of James, including one full afternoon a week and every other weekend from noon to 8 p.m. on Saturday or Sunday. There were to be no overnight visits, however, until such time as James "changes his lifestyle." The court ordered James to pay $500 per month child support. James was also to maintain health insurance for Gayle and the children through his employment, with Gayle to pay any additional costs related to her own insurance.

The parties were to own the homestead as tenants in common, each paying half of the mortgage payments, taxes, insurance and maintenance. Gayle was given the right of occupancy. Gayle received half the net value of the homestead, $27,382; household goods and furnishings, $2,500; the Ford station wagon, with $250 equity and monthly payments of $204; and a water bed valued by James at $800, for marital property totaling approximately $30,932 in value.

James received half the net value of the homestead, $27,382; the camper, $2,300; boat, motor and trailer, $1,500; the Plymouth Arrow, $2,300; electronic equipment, $935; camera equipment and radio equipment, which James valued at $200 and $400 respectively; scuba equipment, $175; bank account, $100; and all rights and interest in his pension. James received marital property, exclusive of his pension, totaling approximately $37,292 in value. Though James' pension had no present value, he was paying approximately $2,000 per year into the pension fund and had been paying into that fund for 10 years from marital funds. He will receive 40% of top patrolman's salary after 20 years, 50% after 25 years.

Gayle was ordered to pay the $4,565 encumbrance on the station wagon. James was ordered to pay his student loan of $550 and credit card bills and attorney fees for a total of approximately $2,262.

The trial court awarded no spousal maintenance, though Gayle had requested it. Instead, and in light of its finding of unfair hardship, the court awarded Gayle 25% of James' interest in the inherited real estate, an award of approximately $24,000 in value. This appeal followed.

It is well settled in cases involving the dissolution of marriages that the trial court is accorded broad discretion with respect to the division of property, allowance of alimony or maintenance, and provision for the custody and support of the children of the parties. Faus v. Faus, 319 N.W.2d 408, 412 (Minn.1982); Bollenbach v. Bollenbach, 285 Minn. 418, 426, 175 N.W.2d 148, 154 (1970). There must be a clearly erroneous conclusion that is against logic and the facts on record before this court will find that the trial court abused its discretion. Holmes v. Holmes, 255 Minn. 270, 274, 96 N.W.2d 547, 551 (1959). In this case, then, we will uphold the determinations of the trial court unless they are clearly erroneous.

1. The first issue raised is that there was no legal basis for an award of nonmarital property in addition to the division of marital property made by the trial court. Minnesota Statutes Sec. 518.58 (1982) provides that:

[i]f the court finds that either spouse's resources or property, including his [or her]...