Preview:

STATE OF MINNESOTA
IN COURT OF APPEALS
C9-96-1596

In Re the Marriage of:
Richard Aitkin Carrick, III, petitioner,
Respondent,

vs.

Ro Ann Carrick,
Appellant.

Filed April 1, 1997
Affirmed in part, reversed in part, and remanded
Huspeni, Judge

Anoka County District Court
File No. F3-95-5368

Barry A. Sullivan, 2140 Fourth Avenue N., Anoka, MN 55303 (for Appellant)
Jeffrey R. Arrigoni, 1937 Woodlane Drive, Woodbury, MN 55125 (for Respondent)
Considered and decided by Huspeni, Presiding Judge, Parker, Judge, and Mulally, Judge.*
S Y L L A B U S
1.
In determining spousal maintenance at the time of dissolution of marriage, a trial court may not find bad faith underemployment and impute earning capacity as income where the party seeking maintenance has continued to work the same number of hours as she did at the time of separation, has been employed in the same type of position as she was during the marriage, and there is no evidence of any intent to reduce her income.

2.
A spouse seeking maintenance who has been a homemaker during the marriage is not required to "rehabilitate" and find full-time employment prior to the dissolution of the marriage.


Affirmed in part, reversed in part, and remanded.

O P I N I O N


HUSPENI, Judge
Appellant contests the trial court's award of temporary spousal maintenance, the award of a nonmarital interest to respondent, the determination that appellant dissipated assets, and the distribution of property. She also requests attorney fees on appeal. Because the trial court erred in finding appellant underemployed in bad faith based on improper consideration of the homemaker's role, erred in determining respondent's income, and made insufficient findings on respondent's expenses, we reverse and remand the issue of spousal maintenance. Because the trial court did not abuse its discretion in dividing property and determining that there had been dissipation of assets, we affirm on those issues.
FACTS
Appellant, Ro Ann Carrick, and respondent, Richard Carrick, were married in 1974. Respondent brought three children from a prior marriage to the household (ages 2

Download c9961596.pdf

Minnesota Law