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Cloutier v. Quigley2/11/2003
Appellant challenges the trial court's order increasing his child-support obligation and setting his previously reserved maintenance obligation. We affirm.
FACTS
The 14-year marriage of appellant Kevin Quigley and respondent Barbara Cloutier was dissolved on May 4, 1998. The trial court determined at the time that Quigley, an attorney, had a gross monthly income of $4,000 and a net monthly income of $2,502. The order does not include a specific calculation of Quigley's monthly expenses, but the trial court noted that Quigley was not paying rent because he was living with his sister.
The trial court found that Cloutier's monthly net income was $1,222 per month and her reasonable monthly expenses were $2,516.70. Cloutier had two jobs — waitressing at the Cherokee Sirloin Room and part-time work in the cafeteria of a South St.áPaul grade school.
The parties stipulated to, and the trial court awarded, joint legal custody and sole physical custody of the parties' two minor children to Cloutier. Quigley was ordered to pay $751 per month for child support . The court also awarded spousal maintenance to Cloutier, but reserved the issues of maintenance amount and duration because of Quigley's financial inability to pay a maintenance award at that time.
Approximately three years later, Cloutier moved to increase Quigley's child support and for a determination of his maintenance obligation. Quigley brought a cross-motion for an amendment of the parties' visitation schedule and to compel Cloutier to repay a student loan and to produce property from the original award. At that time, Cloutier continued to work as a waitress at the Cherokee Sirloin Room but no longer worked at the school. Cloutier had quit her second job because she needed to work more hours at the Cherokee Sirloin Room in order to qualify for a significantly reduced rate for medical insurance. The court found that Cloutier's net monthly income was then $1,182 — $982 from her waitressing job and $200 from rental income. The court determined that Cloutier's reasonable monthly living expenses for herself and the children were $2,750.
The trial court found that Quigley's gross monthly draw from his law firm was $5,000 until March 2001, when it was reduced to $4,500. The court noted that the reduction coincided with the filing of Cloutier's motion. Quigley also received a lump-sum distribution of $127,500 from the proceeds of a personal-injury lawsuit in March 2000. As a result, the court found that Quigley had the ability to earn a monthly gross income of $5,000, with a net monthly income of $3,044.
The trial court concluded that there had been a substantial increase in Quigley's net monthly income rendering the terms of his existing support obligation unreasonable and unfair. The court ordered Quigley to pay $913 per month in child support (a $118 per month increase) and awarded Cloutier $500 in permanent spousal maintenance until her remarriage or the death of one of the parties.
Quigley brought a motion to amend the findings of fact, conclusions of law, and order for judgment. The trial court ordered that the findings be amended to include a finding of Quigley's reasonable monthly living expenses in the amount of $1,429. The court also noted that while Quigley had been living beyond his means, he had the financial ability to pay maintenance at that time.
This appeal follows.
DECISION
Quigley asserts that the trial court abused its discretion when it increased his child-support obligation to $913 per month and awarded Cloutier permanent monthly maintenance of $500. We review a trial court's determinations r
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