Marriage of Graser v. Graser

RANDALL, Judge

(dissenting).

I respectfully dissent. I would have affirmed the trial court’s order requiring appellant to pay $55 per month child support.

The majority agrees with the settled principle that a trial court’s award of child support will not be reversed absent an abuse of discretion. See e.g. Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn.1984) *746(Modification of child support is the discretion of the trial court and will be reversed only for clearly erroneous conclusions against logic and facts on record). No one seriously contends that there is exactly one monetary figure which is perfect for child support, and that $1 more or $1 less is error. Trial courts are given discretion in calculating an appropriate amount, within a range of reasonableness.

The trial court computed support for one child based on the figure of 17% of appellant’s net income. The majority points out that technically the guidelines do not call for 17% until net income is between $401 and $500, and that appellant makes somewhat less than $401. The statute states that, under $401 net a month, the guidelines call for a support order based on the obligor’s “ability” to pay. However, in nonpublic assistance cases, such as this, the guidelines are intended only as a starting point from which the trial court may deviate in exercising its discretion. See Moylan v. Moylan, 384 N.W.2d 859, 863 (Minn.1986). The guideline amount is only a factor to be considered by the trial court in computing original child support. Id. at 864. The trial court acted within its discretion to find, based on the evidence presented, that appellant had the ability to pay 17% of her monthly income in child support.

Even if we assume that the trial court should have used a percentage figure less than 17%, whether 12%, 14%, or 15%, the dollar difference to appellant would be minimal. Only 10% of her net take-home of $325 a month, yields a figure of $32.50, which is just $22.50 a month less than the trial court ordered. It is difficult to see how an appellate court on review can get into a situation where $55 a month is too much as a matter of law, but perhaps $41.50 or $36.75 is not.

Examining the record and taking into account what findings there were on appellant’s income and expenses and respondent’s income and expenses, I would have held that the $55 a month was within the range of a permissible amount of child support.

If we were trying the case de novo and had the opportunity to observe the witnesses, examine the exhibits, and question counsel and witnesses from the bench, it might be possible to fine tune the figure of $55 a month to something less or something more. As a court of review, I cannot. I would have affirmed the trial court.