This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2014).
STATE OF MINNESOTA
IN COURT OF APPEALS
A15-0563
In re the Marriage of:
Emily-Jean Chinwendu Aguocha, petitioner,
Respondent,
vs.
Ikechukwu Hisa Aguocha,
Appellant.
Filed February 29, 2016
Affirmed
Cleary, Chief Judge
Hennepin County District Court
File No. 27-FA-13-5103
Sandra Connealy Zick, Minneapolis, Minnesota (for respondent)
Ikechukwu Hisa Aguocha, Plymouth, Minnesota (pro se appellant)
Considered and decided by Cleary, Chief Judge; Chutich, Judge; and Reilly, Judge.
UNPUBLISHED OPINION
CLEARY, Chief Judge
Appellant Ikechukwu Hisa Aguocha challenges a marital-dissolution decree
disputing the custody and parenting-time determinations, aspects of the division of
property and debts, and the child-support determination. Appellant also contends that the
district judge was generally unfair and biased against him throughout trial. Because the
district court did not abuse its discretion or improperly apply the law, we affirm.
FACTS
Appellant and respondent Emily-Jean Aguocha were married in February 2003.
Their only shared child, D.A., was born in November 2008. The parties’ marriage was
extremely tumultuous and by all accounts deeply affected by domestic abuse. Respondent
testified that appellant began physically abusing her on their wedding night, and that the
abuse continued with only brief spells of reprieve during the twelve years of their
marriage. Respondent presented medical records verifying some of her testimony as to
various injuries resulting from appellant’s abuse. To the contrary, appellant denied that
he was ever aggressive, and stated that when he hit respondent it was always in self-
defense or in defense of D.A. because respondent instigated fights with appellant. There
is some sparse evidence of police involvement in these altercations; respondent testified
that she was afraid to seek help from law enforcement because she feared appellant would
kill her or kidnap D.A.
Throughout the marriage and during trial, appellant accused respondent of abusing
D.A. For a period of time before the parties separated, appellant monitored the marital
home with secret surveillance cameras. On the basis of one video, appellant contacted
child protection services, which conducted an investigation. The child-protection
investigation determined that there were no actionable concerns about D.A.’s safety and
well-being in respondent’s care.
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The parties separated in June 2013. Respondent petitioned for divorce in Hennepin
County district court in July 2013. Based on allegations of domestic abuse, the district
court appointed a Guardian ad Litem to represent D.A.’s interests. Because custody and
parenting time were in dispute, the district court also ordered a custody and parenting
evaluation through Hennepin County Family Court Services. The custody evaluator
recommended granting sole legal and sole physical custody to respondent, and the
Guardian ad Litem agreed.
Each party was represented by counsel at a court trial which began in July 2014
and concluded in October 2014. The district court granted two extensions of the time for
trial to accommodate the parties’ lengthy examinations of multiple witnesses. The trial
ultimately lasted a total of four days. The parties were unable to resolve any major issues
in out-of-court negotiations, so the trial court addressed custody, parenting time, division
of property and debts, and child support.
In the decree signed February 3, 2015, the district court awarded sole legal and
sole physical custody to respondent, subject to “reasonable parenting time” for appellant.
The district court adopted the custody evaluator’s recommended parenting-time schedule,
which was for D.A. to spend every other weekend with appellant plus four hours every
Thursday evening. The court reserved the possibility of an expansion of appellant’s
parenting time, conditioned upon his successful completion of Domestic Abuse Project
(DAP) programming and “if the conflict between the parents has significantly abated.”
The decree also incorporated a typical shared holiday schedule, which evenly divided
major holidays between the parties.
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The district court determined, based on the parties’ income, that appellant earned
51% of the “parental income available for child support,” while respondent earned 49%.
Based on the distribution of parenting time and the child-support calculator created by the
Minnesota Department of Human Services (DHS) to reflect the statutory child-support
guidelines, appellant’s monthly obligation was determined to be $650, beginning in the
first month after the dissolution action was commenced.
No spousal maintenance was awarded. Appellant was awarded three businesses
of unknown value. Appellant was awarded a 2005 Hummer H2 vehicle in exchange for
a cash payment to respondent equal to half its book value. Various consumer and tax
debts were distributed between the parties. Respondent was made fully responsible for
her substantial student debt, despite evidence that the loans benefited both parties during
the marriage.
DECISION
I. Custody and parenting time
Minnesota law provides factors for evaluating the best interests of a child and
guidelines for other determinations as to custody and parenting time.1 See Minn. Stat.
§ 518.17 (2014) (best-interests factors and custody); Minn. Stat. § 518.175 (2014)
(parenting time).
“Appellate review of custody determinations is limited to whether the [district]
court abused its discretion by making findings unsupported by the evidence or by
1
The relevant sections have been amended twice over the life of this case. We will apply
the 2014 versions, which appear to have been used by the district court in the decree.
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improperly applying the law.” Pikula v. Pikula, 374 N.W.2d 705, 710 (Minn. 1985). A
district court’s findings of fact will be sustained unless they are clearly erroneous. Id. “A
finding is clearly erroneous if this court is left with the definite and firm conviction that
a mistake has been made.” Kremer v. Kremer, 827 N.W.2d 454, 457 (Minn. App. 2013),
review denied (Minn. Apr. 16, 2013). “We view the record in the light most favorable to
the district court’s findings and defer to the district court’s credibility determinations.”
Id. at 457-58. This court has said that the law “leaves scant if any room for an appellate
court to question the [district] court’s balancing of best-interests considerations.”
Vangsness v. Vangsness, 607 N.W.2d 468, 477 (Minn. App. 2000).
The goal of protecting and fostering a child’s best interests must shape every
decision affecting custody. Schisel v. Schisel, 762 N.W.2d 265, 270 (Minn. App. 2009).
Our statutes provide that “[t]he best interests of the child means all relevant factors to be
considered and evaluated by the [district] court including” an enumerated list of 13
factors. Minn. Stat. § 518.17, subd. 1(a) (quotation marks omitted). Furthermore, if at
least one parent seeks joint custody, whether legal or physical, and if custody is contested,
the district court is required to make “detailed factual findings” on four additional factors.
Id., subd. 2(c). Those additional factors are
(1) the ability of parents to cooperate in the rearing of
their children;
(2) methods for resolving disputes regarding any
major decision concerning the life of the child, and the
parents’ willingness to use those methods;
(3) whether it would be detrimental to the child if one
parent were to have sole authority over the child’s
upbringing; and
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(4) whether domestic abuse, as defined in section
518B.01, has occurred between the parents.
Id., subd. 2(b)(1)-(4). Finally, and of key importance in this appeal, “the court shall use
a rebuttable presumption that joint legal or physical custody is not in the best interests of
the child if domestic abuse, as defined in section 518B.01, has occurred between the
parents.” Id., subd. 2(b).
The district court addressed each of the 13 primary best-interests factors in turn.
For each factor, the district judge made relevant references to the record, made factual
findings supported by those references, and provided an analysis. The observations and
analyses were sometimes favorable to appellant, and sometimes favorable to
respondent—although they were more often favorable to respondent. The observations
and analyses were also at times critical of each party—although they were more often and
more severely critical of appellant. In general, the district court expressed concern that
appellant was “coercive,” “controlling,” and the primary perpetrator of physical abuse.
The district court made a final conclusion on each factor as to whether the factor favored
a particular custody outcome or whether it was neutral. Ultimately, the decree concluded
that seven factors weighed in favor of sole custody to respondent and six factors were
neutral.
The district court also made detailed factual findings on the four additional factors,
which was required since appellant sought joint legal and joint physical custody while
respondent sought sole legal and sole physical custody. Id., subd. 2(c); id., subd. 2(b)(1)-
(4). On each of these factors, the district court again made relevant references to the
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record, made factual findings supported by those references, and provided an analysis.
The district court identified “high conflict,” overwhelming inability of the parties to
cooperate, history of domestic abuse, and the parties’ inability “to see how destructive
and damaging their conflict is to [D.A.’s] healthy development and ultimate adjustment
as an effective and functioning human being.” As to the fourth factor, the decree
specifically found: “As established by the record, domestic abuse has occurred between
the parents.”
Because the statute establishes a presumption against joint custody when domestic
abuse has occurred, because the district court’s factual findings are supported by the
record, and because the decree clearly considers all 17 best-interests factors that were
required in this case, we affirm the district court’s custody determination.
A “district court has broad discretion in determining parenting-time issues and will
not be reversed absent an abuse of that discretion.” Dahl v. Dahl, 765 N.W.2d 118, 123
(Minn. App. 2009). The findings of fact underlying a parenting-time decision should be
upheld unless clearly erroneous. Id. Considering the district court’s findings about high
conflict between the parties and its detrimental effect on D.A., and considering D.A.’s
young age, the district court’s decision as to parenting time was an appropriate exercise
of discretion. We affirm the district court’s parenting-time determination.
Appellant argues that the district court abused its discretion by referencing and
incorporating portions of the custody evaluator’s report, and contends that the evaluator’s
report and testimony are inconsistent and therefore untrustworthy. But our family court
system relies on district courts for credibility determinations. Kremer, 827 N.W.2d at
7
457-58. Appellant asserts no authority to show that any reference to the recommendation
of a custody evaluator—even total incorporation—would be improper. The district
court’s references to the custody evaluator’s report and testimony are appropriate.
Appellant also argues that his version of the facts is not fairly represented in the
decree. But it is appropriate for the district court to make factual findings based on
credibility determinations. Kremer, 827 N.W.2d at 457-58. “If there is evidence to
support the district court’s decision, there is no abuse of discretion. . . . [T]hat the record
might support findings other than those made by the [district] court does not show that
the court’s findings are defective.” Id. at 458 (quotation omitted).
Appellant also argues that DAP programming was unfairly imposed on him as a
contingent factor related to increased parenting time. Appellant cites, and our research
revealed, no authority showing that the district court’s decision in this regard was
inappropriate. See Suleski v. Rupe, 855 N.W.2d 330, 339 (Minn. App. 2014) (stating that
a party waived an argument by failing to cite authority supporting the argument). The
decree actually imposed a DAP requirement on both parties, although the requirement on
respondent is not a contingent factor for parenting time—which is logical because she is
the sole physical custodian. The record does not clearly show whether either party had
satisfied that requirement by the end of the trial and, in any event, whether either party
had satisfied the DAP requirement by the end of trial is irrelevant on appeal.
II. Division of property and debts
Appellant argues that the district court erred in determining that the parties’ two
vehicles were marital property. As to the 2005 Hummer H2, appellant argues that its
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value should not have been considered a marital asset because it was not registered in his
name. As to the 2005 Nissan Altima, he argues that it was not marital property because
it was a business asset.
Any property acquired by one or both spouses during a marriage is presumed to
be marital property. Minn. Stat. § 518.003, subd. 3b (2014); Berenberg v. Berenberg,
474 N.W.2d 843, 846 (Minn. App. 1991), review denied (Minn. Nov. 13, 1991).
Appellate courts “independently review the issue of whether property is marital or
nonmarital, giving deference to the district court’s findings of fact.” Baker v. Baker, 753
N.W.2d 644, 649 (Minn. 2008). And again, this court will only overturn a finding of fact
if it is clearly erroneous. Lund v. Lund, 615 N.W.2d 860, 861 (Minn. App. 2000).
Appellant’s arguments are unavailing. The vehicles were acquired by the parties
during the marriage and do not meet any exception to the presumption that property
acquired during the marriage was marital property. See Minn. Stat. § 518.003, subd. 3b
(explaining the presumption of marital property and enumerated exceptions). We affirm
the district court’s property and debt division.
III. Child support
Appellant challenges the district court’s child-support ruling, contending that the
income attributed to him is inaccurate.
“‘To determine the presumptive child support obligation of a parent, the [district]
court shall . . . determine the gross income of each parent. . . .’” Newstrand v. Arend, 869
N.W.2d 681, 685 (Minn. App. 2015) (quoting Minn. Stat. § 518A.34(a), (b)(1) (2014)),
review denied (Minn. Dec. 15, 2015). Gross income is broadly construed to include “any
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form of periodic payment” to an individual obligated to pay child support. Minn. Stat.
§ 518A.29 (2014). Deductions and expenses related to self-employment or operation of
a business are narrowly construed, and “the person seeking to deduct an expense” carries
the burden of proof in showing that the expense is qualified to be deducted. Minn. Stat.
§ 518A.30 (2014); see also Minn. Stat. § 518A.29(c) (explaining that “[e]xpense
reimbursements or in-kind payments” from self-employment “shall be counted as income
if they reduce personal living expenses”). The district court used the DHS child-support
calculator, which reflects the guidelines laid out by Minn. Stat. §§ 518A.35, .36 (2014),
and did not deviate from the result produced by the calculator. The district court also
made written findings as required by Minn. Stat. § 518A.37 (2014).
Appellant testified at trial and also submitted a financial affidavit stating that his
average monthly income was about $4,000.00, which is the amount that the district court
used in calculating child support. Appellant presented no evidence of itemized business
deductions or other reasons to modify the income attributed to him. We affirm the district
court’s child-support ruling.
IV. Judicial misconduct or bias
We examine the district court’s factual findings and legal determinations
according to the proper standards of review, but it is not our role to address parties’
allegations of personal bias by the district judge. See Thiele v. Stich, 425 N.W.2d 580,
582 (Minn. 1988) (holding that appellate review is limited to those issues that were
presented to and considered by the district court). While this was a difficult trial, the
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district court properly applied the law and exercised discretion appropriately on the
various legal issues.
Affirmed.
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