Narrative Opinion Summary
In this case, a husband appeals a dissolution of marriage decree after a 13-year marriage, arguing against the division of marital assets and spousal support obligations. The trial court initially divided marital assets, valued between $230,000 and $260,000, equally but faced discrepancies in valuing a partnership interest. The court awarded the wife the family residence, resulting in perceived inequity, prompting a modification to shared ownership as tenants in common with equal mortgage responsibilities. The husband was required to pay $550 monthly in child support and spousal support that decreased over time as the wife was deemed capable of earning an income. The court order also included the division of a brokerage account to address joint liabilities, with the husband retaining $13,000 to cover debts. Following a hearing, the court adjusted spousal support to $200 per month until March 1, 1987, reflecting the wife's employment status. The decree was further modified to remove the husband's lien on the residence, affirming the child support order without assigning costs to either party, and providing an equitable division of investment income due in 1987.
Legal Issues Addressed
Child Support Obligationssubscribe to see similar legal issues
Application: The husband's monthly child support obligation was maintained at $550 for the care of the two children.
Reasoning: He is obligated to pay $550 monthly in child support for two children.
Division of Marital Assetssubscribe to see similar legal issues
Application: The court initially divided the marital assets equally but modified the decree to address inequities in the division of the family residence and partnership interest.
Reasoning: The trial court initially divided the assets equally but did not clarify valuations of the partnership interest, which husband estimates at $71,000 and wife at $115,000.
Equitable Distribution of Debtssubscribe to see similar legal issues
Application: The court mandated a proportional division of a brokerage account to equitably cover the parties' joint liabilities.
Reasoning: The account is to be divided proportionately to cover debts, with the husband receiving $13,000 from the cash account for this purpose.
Spousal Support Modificationsubscribe to see similar legal issues
Application: Spousal support was adjusted to take into account the wife's employment status and earning capacity, reducing the husband's financial obligations over time.
Reasoning: Consequently, the decree is modified to set spousal support at $200 per month from the date of the decree until March 1, 1987, when a land sale contract payment is due.
Tenancy in Common for Marital Residencesubscribe to see similar legal issues
Application: The court modified the decree to provide both parties with a one-half interest in the marital residence, making them tenants in common and equally responsible for mortgage payments.
Reasoning: This arrangement is deemed inequitable, leading to a modification where both parties receive a one-half interest in the residence, held as tenants in common, and are responsible for equal mortgage payments.