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Marriage of Stich v. Stich

In Re the Marriage of Lois v. STICH, Respondent, v. Godfrey N. STICH, Petitioner, Appellant

Marriage of Stich v. Stich, 435 N.W.2d 52 (Minn. 1989)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
January 31, 1989
Docket
No. C8-87-2506
Judges
Amdahl
Citations
435 N.W.2d 521989 Minn. LEXIS 191989 WL 6598

Opinion — Amdahl

*53 AMDAHL, Chief Justice.

Godfrey N. Stich obtained further review of an unpublished decision of the court of appeals affirming the trial court’s award of $200 per month as permanent spousal maintenance and $500 as attorney fees to Lois Stich.

We have stated on numerous occasions that the standard of review on appeal from a trial court’s determination of maintenance is whether that court abused the broad discretion accorded it.

E.g., Erlandson v. Erlandson, 318 N.W.2d 36, 38 (Minn.1982). Effective appellate review of the exercise of that discretion is possible only when the trial court has issued sufficiently detailed findings of fact to demonstrate its consideration of all factors relevant to an award of permanent spousal maintenance.

While the court of appeals acknowledged that the findings could have been more complete, it nevertheless concluded that those findings were not clearly erroneous and that the statutory requirements were considered. We disagree. The trial court did make findings with regard to the parties’ income, but made no findings as to their separate expenses. Moreover, it made no specific finding with regard to Godfrey’s financial ability to provide maintenance. As these findings are insufficient to enable an appellate court to determine whether the trial court properly considered the requirements of Minn.Stat. § 518.552 (1986), the matter is remanded to the trial court for additional findings in accordance with this decision. On remand, the trial court is authorized to conduct any necessary evidentiary hearing. Similarly, the trial court shall reconsider its award of attorney fees upon completion of the proceedings on remand.

Reversed and remanded to the trial court for further proceedings.

How later courts describe this case

Explanatory parentheticals written by citing courts — 8 in all; the most informative distinct ones are shown.

Cited by 42 cases

View all citing references →
1989: 31990: 11991: 11992: 11993: 11995: 11997: 21999: 12000: 12001: 12004: 22007: 22009: 32010: 12014: 32015: 42016: 92017: 22024: 22026: 119892026peak 2016 · 9

Relies on it most ⓘ

  1. Dougherty v. Dougherty443 N.W.2d 193 (Minn. Ct. App. 1989)
  2. Marriage of Stevens v. Stevens501 N.W.2d 634 (Minn. Ct. App. 1993)
  3. Ferdinand Leo Gams, Jr. v. Steven Ronald Houghton .884 N.W.2d 611 (Minn. 2016)
  4. Marriage of Hemmingsen v. Hemmingsen767 N.W.2d 711 (Minn. Ct. App. 2009)
  5. State ex rel. Swanson v. 3M Co.845 N.W.2d 808 (Minn. 2014)
  6. Marriage of Merrick v. Merrick440 N.W.2d 142 (Minn. Ct. App. 1989)

Most recent

  1. the Marriage of: David John Boritzke v. Emily Elizabeth NilesNo. a251337 (Minn. Ct. App. Oct. 5, 2026)
  2. Justin Dean Schultz v. Analisa French PerkinsNo. a230845 (Minn. Ct. App. June 17, 2024)
  3. the Marriage of: Dhimble Ali v. Fahria MohamedNo. a230965 (Minn. Ct. App. May 20, 2024)
  4. the Marriage of: Elena Vladimirovna Tokarev v. Vladimir Efimovich TokarevNo. A16-147 (Minn. Ct. App. Jan. 30, 2017)
  5. the Marriage of: Bridget Kathleen Corrigan v. Daniel Thomas SchmidtNo. A16-296 (Minn. Ct. App. Jan. 17, 2017)
  6. In re the Welfare of the Children of: S. M. T. and D. W. T., Parents.No. A16-1096 (Minn. Ct. App. Dec. 27, 2016)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Marriage of Erlandson v. Erlandson, 318 N.W.2d 36 (Minn. 1982) 118

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