Marriage of Paschen
2016 MT 297N
| Mont. | 2016Background
- Anne and Herb Paschen married 18 years, have three children; district court dissolved the marriage and awarded Anne spousal maintenance and child support.
- District Court’s original 2015 Order set income imputation and start dates; Herb appealed imputation and asset division in Paschen I (2015 MT 350).
- This Court in Paschen I affirmed imputing Herb’s earning capacity at $100,000 and reversed inclusion of gifts from Herb’s mother in his resources, then remanded for amended findings.
- On remand the District Court issued a 2016 Order; both parties appealed portions of that Order concerning income, expense findings, child support calculations, and start date of obligations.
- Key contested matters: proper income imputation for Herb, whether the court considered Herb’s true monthly expenses, whether spousal maintenance should reduce income for child support purposes under the Guidelines, and the correct effective start date for child support and maintenance.
Issues
| Issue | Plaintiff's Argument (Anne) | Defendant's Argument (Herb) | Held |
|---|---|---|---|
| Whether District Court abused discretion by failing to consider $431,000 in Herb’s resources when calculating support | Impute higher income/resources to Herb and base support on that | District Court correctly imputed $100,000 and should not revisit Paschen I | Court refuses to revisit income imputation; Paschen I controls (imputation at $100,000 affirmed) |
| Whether District Court erred in apportioning marital estate and awarding maintenance | Maintenance appropriate despite debt allocation to Herb | Debt magnitude should preclude or reduce maintenance; bankruptcy risk affects ability to pay | Court did not err in apportionment or award of maintenance; Herb’s relitigation barred by res judicata |
| Whether court incorrectly found Herb’s only proven expense was $400/month rent | Anne points out record showing greater expenses (Exhibit 11, Herb’s testimony) | Herb points to his higher-expenditure evidence to justify lower support burden elsewhere | Trial court’s finding that only $400 rent evidence existed is clearly erroneous; remand to consider all expense evidence |
| Whether child support calculation must deduct spousal maintenance and proper effective start date for obligations | Child support should account for spousal maintenance deduction; maintenance/child support should be retroactive to Oct/Aug 2014 (record inconsistent) | Court mistakenly set obligations to start April 1, 2015; Herb argues obligations should be retroactive to Aug 2014 per 2015 Order | Court erred by not deducting spousal maintenance when calculating child support and by setting April 1, 2015 start; obligations are retroactive to August 1, 2014; remand to recalculate and consider deductions and expense evidence |
Key Cases Cited
- Paschen v. Paschen, 2015 MT 350, 382 Mont. 34, 363 P.3d 444 (affirming $100,000 income imputation; reversing inclusion of maternal gifts)
- Patton v. Patton, 2015 MT 7, 378 Mont. 22, 340 P.3d 1242 (standard of review for district court findings and abuse of discretion)
- In re Marriage of Richards, 2014 MT 213, 376 Mont. 188, 330 P.3d 1193 (review standards for property division)
- State v. Shelton, 2008 MT 321, 346 Mont. 114, 193 P.3d 943 (res judicata and limiting relitigation of previously decided issues)
- McCormick v. Brevig, 2007 MT 195, 338 Mont. 370, 169 P.3d 352 (law of the case doctrine)