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Marriage of Benjamin
Citations: 1980 Mont. LEXIS 812; 189 Mont. 158; 615 P.2d 218Docket: 79-090
Court: Montana Supreme Court; August 13, 1980; Montana; State Supreme Court
Original Court Document: View Document
The Supreme Court of Montana addresses the appeal of Karen Ruth Benjamin regarding the District Court's decision on the dissolution of her marriage to Henry Dennis Benjamin. The appeal focuses on the division of marital assets and the amount of child support awarded to Karen as the custodial parent. The Court finds that the evidence sufficiently supports the District Court’s property division, awarding Karen a net value of $3,800 and Harry $4,310 in personal property. The Court affirms that each party retains their respective employment savings and retirement accounts and allocates household furnishings to Karen, while Harry retains his mechanical tools. The District Court assessed the family home’s value at $52,500, with an equity of $32,500. It allowed Karen to keep the home and pay its mortgage, stipulating that upon the youngest child reaching majority, the house would be sold with Harry entitled to half the equity. Alternatively, the house could be sold sooner with proceeds split evenly. The Supreme Court concludes that this property division is fair and equitable, aligning with statutory criteria. However, it mandates a reevaluation of the $200 monthly child support amount, noting that the evidence regarding Harry's income was misinterpreted during the trial. The husband did not present income tax returns but provided two payroll stubs as evidence of earnings, showing he earned $8,525.24 by July 15, 1979, and $9,366.93 by August 5, 1979, leading to a conclusion of an average monthly take-home pay of $1,170. However, his counsel testified that the net take-home pay was $962.91, which the District Court adopted, establishing fixed monthly payments of $711.08 and living expenses of $332.00, placing the husband in a negative income position. If the payroll stubs are accurate, the husband earned at least $200 more monthly than the court's finding. Additionally, the court assigned the wife the mortgage payment obligation of $275.77, which should have been deducted from the husband's fixed payments. The findings regarding child support were deemed insufficient, as they lacked evidence of the husband's actual income. The wife claimed $250 per month per child was necessary for support. Under Rule 52(a) of M.R.Civ.P, the District Court's findings must stand unless clearly erroneous, and contradictions with evidence or misinterpretation of income warrant reevaluation of child support under section 40-4-204, MCA. Emphasis was placed on the necessity for thorough pretrial preparation by counsel to present accurate financial information, which could prevent misinterpretations and reduce court burdens. The court affirmed the marital property division but remanded the child support issue for reassessment.