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Groenstein v. Groenstein

1/19/2005

[ ] Timothy Groenstein (Father) filed for divorce from Yasmine Groenstein (Mother). The couple has one child. Father appeals the divorce decree entered by the district court. Father claims that the district court abused its discretion in determining child custody and child support. We affirm in part and reverse in part.


ISSUES


[ ] Father states the issues as:


1. Did the district court abuse its discretion in deciding that Defendant should have custody of the parties' son, ?


2. Did the district court abuse its discretion by determining Plaintiff's child support obligation without giving any consideration to benefits paid to his son, , by the Social Security Administration on account of his father's disability?


3. Did the district court abuse its discretion in determining the amount of child support owed by Plaintiff by imputing income to him based on a 10% annual return on his investment portfolio?


4. Did the district court abuse its discretion in determining the amount of imputed income attributed to the Defendant when computing child support?


Mother rephrases the issues as:


1. Was the district court's award of primary custody to the mother a reasonable choice under the circumstances, giving full consideration to the best interests of the child and the evidence presented?


2. Was the district court's decision not to consider social security disability payments to the minor child in computing income and determining the child support obligation of the father a reasonable choice?


3. Was the district court's award of child support based on imputed income from an investment portfolio a reasonable choice under the circumstances given the evidence presented?


4. Was the district court's award of child support based on imputed income of Appellee a reasonable choice under the circumstances?


FACTS


[ ] Mother and Father met in Colombia in November of 2000. After a brief courtship, Mother and Father were married on June 16, 2001, in Jackson, Wyoming. In December of 2001, the couple's son was born. However, Mother's and Father's relationship deteriorated in the months following the child's birth, and Father filed for divorce on May 29, 2002.


[ ] Father is a former computer engineer. In 1985, during back surgery, Father suffered a spinal cord injury at the C-5 level. As a result, Father cannot walk and has lost some of the dexterity in his fingers. However, he uses a manually propelled wheel chair and has lived independently for the last 18 years. He continues to participate in many outdoor activities, and also repairs his own vehicles, cleans his own home, cooks, and does wood and metalworking. Father is not employed, but has a considerable investment portfolio funded by a settlement of the malpractice suit stemming from his injury.


[ ] Mother is a citizen of Colombia. In 1985, she obtained a degree from New York University in business administration and finance. Upon earning her business degree, Mother worked as the operations manager at a large corporation. After several years, Mother returned to school in Bogotá, Colombia and obtained a degree in fashion design. Following her schooling in Bogotá, Mother worked in the fashion industry for several years before taking a position as a financial planner. During the parties' courtship and marriage Mother was not employed. In the months following the couple's separation, Mother began working about 20 hours a week at three part-time jobs.


[ ] Before trial, the district court appointed a special master to make recommendations on the various aspects of the case

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