by Les2 » Fri Mar 01, 2013 6:13 am
Here is only part of the judges findings
Mother was awarded temporary spousal maintenance for sixty months. Father agreed to pay $625 per month for her college expenses and the parties’ PITI mortgage payment plus $7500 per month until the closing of the sale of the parties’ homestead. At that time, maintenance was increased to $12,000 per month through July 31, 2010, and then decreased to $9000 per month through July 31, 2012. The maintenance provisions in the stipulated J&D were based on the expectation that Mother would obtain her teaching degree and become self-supporting during the maintenance period and, accordingly, the maintenance award was made subject to a Karon waiver.
Mother also received a cash property settlement.
Over the past five years, Father has made all of his monthly child support payments in a timely manner, and in addition, has paid the children’s medical insurance and uninsured medical expenses. He has also paid for the children’s education and other non-medical expenses in average monthly amounts of $938 (2009), $2545 (2010), $1258 (2011), and $2228 (2012).
Mother earned a Bachelor of Arts degree in history from Augsburg College at some time within the last five years. She still has eight classes to take to earn a teaching certificate but cannot enroll in the classes because she is delinquent in her tuition payments. She believes she can take these eight classes in 18 months and will be able to obtain employment as a teacher with a salary of $24,000 to $36,000. Mother does not explain why she did not complete her education during the five-year maintenance period or why she could not afford to pay for the classes she did take, particularly given that Father paid tuition for a period of time and after that time, paid her significant amounts for maintenance.
Mother is currently employed part-time by Agency: Modeling and Talent and claims to have earned $2000 over the last two months in the form of commissions but provides no pay stubs to verify these amounts. She also has not provided her most recent federal tax returns or any other verification of income.
Mother claims that she is unable to take a permanent position offered by her current employer as it would conflict with her involvement in the children’s activities. She does not provide any information regarding her efforts to find employment with any other employer. Indeed, she does not explain why she has not been employed during the last five years, including periods of time when she was not in school. She lists the cost of a nanny as a monthly expense but does not explain why she needs the nanny or the nanny’s hours. Presumably the children are in school during most of the weekdays. Mother does not explain why she cannot work during the school day or when the nanny is caring for the children.
Mother has a nonjoint child, Liam, for whom she receives $500 per month in child support.
Mother claims current living expenses of $11,622 per month. These expenses include $4094 in expenses to maintain the home. They also include $5617 per month in expenses for herself. These personal expenses, on an annual basis, include $5760 annually for a storage locker, $7200 annually for clothing, $6000 annually for a car payment, $9600 annually for eyeglasses, $9600 annually for birthday parties, and $2400 annually for “postage.” She also claims to have substantial credit card debt but provides no verification or description of the amount or source of the debt.
Here, Mother claims that she meets the standard for the presumption and rebuttable presumption because her income has decreased substantially due to the discontinuance of her maintenance payments. The Court disagrees. While there can be no dispute that Mother’s income has decreased by at least 20 percent, the decrease in Mother’s income was the direct result of Mother’s choice. She specifically agreed in the Marital Termination Agreement that forms the basis for the J&D, upon the advice of counsel, that her income should decrease by $9000 per month beginning July 31, 2012. Thus, that she would have a decrease in income after July 31, 2012, was her choice.
Mother might argue that there has been a change in income to which she did not agree in that she does not have a teaching job as anticipated by the parties. But she has not shown that her failure to obtain a teaching certificate and a full time teaching job was not the result of her own fault or choice. She has provided no evidence whatsoever explaining her failure to finish her education. Moreover, she admits that she does not consider herself available to work full-time because she wishes to continue participating in the children’s activities.4 Thus, the Court must conclude that Mother’s failure to achieve the replacement income that the parties anticipated was due to her own fault or choice. Accordingly, the statutory presumption and rebuttable presumption do not apply.
Mother has also failed to carry her burden of demonstrating that the current child support order is unreasonable and unfair. There is a presumption that the guidelines will be followed when determining child support; and a party who requests departure from the guidelines should provide evidence that would merit a deviation.
In this case, Father already pays an amount that is a substantial upward deviation from guidelines support.
Last edited by
Les2 on Sat Mar 02, 2013 12:38 am, edited 3 times in total.