Opinion
No. C0-01-871
Filed December 11, 2001.
Appeal from the District Court, Mille Lacs County, File No. F2-99-367.
David W. Buchin, (for appellant)
Susan M. Gallagher, (for respondent)
Considered and decided by Lansing, Presiding Judge, Kalitowski, Judge, and Hanson, Judge.
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000).
UNPUBLISHED OPINION
The judgment dissolving the parties' marriage provides for joint legal and physical custody of the children, but does not require either party to pay child support. Appellant-father argues that the district court's failure to order payment of child support by respondent-mother is a deviation from the child-support guidelines and that the district court erred by failing to make findings adequate to justify that deviation. Because the district court's findings are sufficient to explain its deviation from the guidelines, we affirm.
FACTS
After two years of marriage, appellant-father Anthony Scott Kremer and respondent-mother Patrinella Ann Kremer separated and mother moved out. Approximately six months after their separation, father obtained a default judgment that granted father sole physical custody of the parties' minor children and ordered mother to pay child support of $358.38 per month. Three months later, the district court granted mother's motion to vacate the default judgment based on its finding that father had committed fraud on the court.
When the district court revisited the questions of custody and child support, it concluded that the children's interests would be best served by granting the parties joint physical and legal custody of the children. The district court adopted a custody plan that provides that the children stay with father during the school year and with mother during winter, spring and summer school vacations; divides holidays equally; and provides alternate-weekend visitation to each party during the time she/he does not have primary custody.
The district court recognized that the Hortis/Valento formula requires mother to pay father $184.23 per month for the support of the minor children. However, noting the parties' limited resources, the district court determined that such a requirement would work a financial hardship on mother based on her annual income of less than $17,000, particularly during the times of year when the children would be with her. The district court, accordingly, deviated from the Hortis-Valento formula, imposed no child-support obligation on mother, and provided father with the benefit of the tax exemptions for the children. Father appeals the district court's determination that mother need not pay child support.
DECISION
Father argues that the district court's findings are insufficient to support its deviation from the child-support guidelines.
A district court has broad discretion to provide for the support of the parties' children. Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn. 1984). The district court abuses its discretion when it establishes child support in a manner that is against logic and the facts on record. Id. In cases such as the present one, where the parties share joint physical custody,
[a]pplication of the Hortis/Valento formula * * * is an application of the guidelines. Under that formula, the guideline child support amount is the amount indicated by the guidelines, but only for the periods of time that the other parent has actual custody of the children.
Schlichting v. Paulus, 632 N.W.2d 790, 792 (Minn.App. 2001). The district court may deviate from the guidelines only if it determines that deviation is needed to serve the children's best interests and if the deviation is supported by the statutorily required findings. Rogers v. Rogers, 622 N.W.2d 813, 819 (Minn. 2001); Schlichting, 632 N.W.2d at 793.
When a district court deviates from the guidelines it must
make written findings giving the amount of support calculated under the guidelines, the reasons for the deviation, and shall specifically address the criteria in paragraph (c) and how the deviation serves the best interest of the child.
Minn. Stat. § 518.551, subd. 5(i) (2000). In turn, "paragraph (c)" directs the district court to consider six factors that address the children's needs and the parent's resources. Minn. Stat. § 518.551, subd. 5(c).
In Schlichting, this court held that the district court's findings were minimally sufficient to justify deviation from the child-support guidelines where the findings described the parties' custody arrangement, mother's employment status and income, and father's support obligation and included a calculation of the parties' respective incomes and cash flow. Id. at 793-94. In the present case, the district court went one step further than in Schlichting by setting forth the statutory criteria and specifically stating that it had considered each factor in reaching its decision. While the district court's findings do not specifically address each statutory element in order, they do address the elements relevant here. And, because those findings are supported by the record, they are sufficient to justify deviation from the guidelines.
Parent's Resources
The district court noted that both parties have limited financial resources, that father owns real property, and that he received $155,234.24 in a personal-injury settlement in December 1999, and that mother's yearly income is less than $17,000.
The district court ordered father to pay mother $14,733.34 of the settlement monies. Father does not dispute the award.
Children's Needs
The district court also found that the parties' six-year-old son has cerebral palsy and other medical problems, including reactive airway disease, chronic obstructive lung disease, vision difficulties and behavioral issues, and that the parties also plan to have their seven-year-old son tested for possible neurological or psychological problems.
Children's Standard of Living
The district court found that the children live with father during the school year and with mother during the summer. The court expressed a desire to "prevent either party from having to generate monthly out of pocket money," indicating that the children's standard of living could be negatively impacted if either parent were paying the other support.
Tax Exemption
The district court awarded father the income-tax-dependency exemptions for the minor children and stated that father's benefit from these exemptions could be roughly equivalent to the amount available under the child-support guidelines. While the district court did not explain precisely how father would achieve this benefit, the findings reflect consideration of the parties' relative resources and the possibility of father's income-tax liability for income from his real property and personal-injury settlement. See Rogers, 622 N.W.2d at 823 (stating that the evidence was sufficient to support the district court's award of the tax exemption where the district court considered the parties' "relative resources"). Further, father failed to present sufficient evidence to prove that he would not have sufficient taxable income to take advantage of the exemptions.
Debt
The district court noted mother's debt for attorney fees and required father to pay her $5,000 for that debt. While the district court did not make note of it in its findings, the evidence also indicates mother had an unsecured debt of $776 and a secured debt of $1,434.14.
Public Assistance
While father correctly notes that the district made no findings regarding the parties' receipt of public assistance, neither party presented evidence of the receipt of any public assistance. Thus, father cannot fault the district court for failing to discuss public assistance, and this factor is not applicable to this case. Cf. Taflin v. Taflin, 366 N.W.2d 315, 319 (Minn.App. 1985) (stating party who fails to provide district court with information necessary to grant party's motion cannot complain about denial of that motion).
As we indicated in Schlichting, we prefer that the district court's findings in support of deviation be itemized, complete, and specific. See Schlichting, 632 N.W.2d at 793. The district court's findings here are sufficiently explicit to justify deviation from the child-support guidelines.