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Agenda Packets - 1993/11/01
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Agenda Packets - 1993/11/01
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
11/1/1993
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City Council Document Type
City Council Packets
Date
11/1/1993
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138 Minn. 353 NORTH WESTERN REPORTER, 2d SERIES <br />(e) The age, and the physical and <br />anal condition of the spouse se, <br />( The ability of the spouse <br />who maintenance is sought to ml <br />need while meeting those of the <br />seeki maintenance; and <br />I a contribution of each <br />the a uuilon, pre <br />tion, or appreciation <br />value of a marital I <br />the can Utica of a <br />maker. <br />Minn.Stat. 4 1 <br />121 Each <br />own facts an <br />for determinin <br />maintenance is <br />Erfandsou, 318 <br />(3) We affir <br />monthly mainte <br />the parties' diss <br />will drop to $7,3 <br />est income from <br />ment she will <br />from a family t <br />per month chit <br />will need an ad i <br />annual living x <br />ban lacks su/ is <br />as <br />re <br />his <br />in <br />in the Amount or <br />ropert , as well as <br />spous as a home <br />8.55? (1982). <br />must be decided on its <br />no single tatutory factor <br />the t or amount of <br />posi' e. Erfandson v. <br />.W. 36, 38 (Minn.1982). <br />m th trial court's $1,000 <br />n c award Following <br />of on, Barbara's income <br />00 r year—$5,600 inter - <br />sting the cash settle• <br />ei and $1,700 income <br />r St. Even with the $800 <br />sup rt award, Barbara <br />tional 13,100 to meet her <br />penes of $30,000. Bar. <br />'ent pro rty and is other, <br />wise Curren unable adequately sup• <br />port herself. Richard, o the other hand, <br />has a man ly net incom of 15,000 and <br />monthly li ng expenses f $2.500. The <br />court pro rly found that a was able to <br />provide aintenance to arbara. The <br />court's a and of $1,000 per onth was well <br />within CO a discretion. <br />f4) (though we affirm t amount of <br />the m thly maintenance aw d, the 10 <br />year d ration of the award has o relation• <br />ship either the underlying ba is for the <br />&war of maintenance or the fa tors rele• <br />van to its duration. The propri ty of an <br />aw of maintenance to provide or Bar. <br />ba 's reasonable needs while she obtains <br />a layment skills and enters th labor <br />n rket is beyond dispute. 06u v. 0 u, 299 <br />W.2d 114 (Minn.1980). Barbara is a 92. <br />r arold college graduate who is eapa a of <br />nployment. In order to pursue a ca ter <br />n Racial work, her undergraduate feel of <br />udy, she must obtain a masters degree <br />w 'ch will require two years of gradua <br />eta . Although Barbarn was gran <br />physi I custody of the parties' two y ng <br />Baugh , both are enrolled in sch and <br />will be r their father's care hal of the <br />time. He e, although it is f 'ng that <br />Barbara ive maintenance le she is <br />working on h advanced de ee and seek• <br />ing employmen nothing in a condition or <br />circumstances o the child n suggests that <br />it is appropriate f Bar rato delay for an <br />extended period t co pletion of her edu- <br />cation and her an nto the work force. <br />In view of the len of the parties' mar. <br />riage (about five y Barbara's relative- <br />ly young age an gen ly sound health, <br />and the fact th a min' um of two years <br />of study is re aired for n advanced de <br />gree, we cone de that an a d of mainte- <br />nance for a period of five eara affords <br />Barbara a le time to comple her studies <br />and to a ire suitable emplo ment. Un- <br />der the ting circumstances award of <br />mainten ce for a period large than five <br />years is n abuse of discretion. cording• <br />ly, we remand to the trial court with di- <br />rectio s to reduce the duration of main - <br />tens award from ten years five <br />Attorneys' fees are awarded to <br />party <br />firmed in part, reversed in part, <br />e tmarannn„ <br />Alan HOOPER, et al., Appellants, <br />V. <br />The CITY OF ST. PAUL and the Clty <br />Council Thereof. Respondents. <br />No. C843487. <br />Supreme Court of Minnesota. <br />Aug. 24, 1984. <br />Fee owners and contract vendee <br />brought suit for declaratory iudemont that <br />0 r <br />
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