Cited by

Opinions in Minnesota that cite Giesner v. Giesner, 319 N.W.2d 718.

54 citing documents.

In re the Marriage of: Minn. Ct. App. 2024
Minnesota law requires that “the separated spouse should share in the hardship as they would have had the family remained together.” Melius, d at 414 ().
In re the Marriage of: Mary Elizabeth Moline, petitioner, Respondent, Minn. Ct. App. 2019
Giesner v. Giesner, 6 (stating that, if obligor’s voluntary early retirement results in reduction in income, and obligee claims bad faith, district court should evaluate obligor’s intent to determine whether early retiremen t was made in good faith).
In re the Marriage of: Aaron Di Luong, petitioner, Appellant, Minn. Ct. App. 2019
(recognizing district court’s discretion to assign a maintenance amount that essentially leaves divorced pa rties to share financial hardship).
Marriage of Hemmingsen v. Hemmingsen 767 N.W.2d 711 Minn. Ct. App. 2009
Marriage of Hemmingsen v. Hemmingsen 767 N.W.2d 711 Minn. Ct. App. 2009
In Re the Marriage of Melius v. Melius 765 N.W.2d 411 Minn. Ct. App. 2009
In Re the Marriage of Melius v. Melius 765 N.W.2d 411 Minn. Ct. App. 2009
In 1982 the Minnesota Supreme Court extended this holding to the modification of decrees for child support and spousal maintenance, stating that when an obligor’s income changed as a result of good-faith actions, “the child and the separated spouse should share in the hardship as they would have had the family remained together.” (remanding a district court’s modification of child support, which was based on a finding of earning capacity, because the court failed to find that calculating the obl
Putz v. Putz 645 N.W.2d 343 Minn. 2002
Putz v. Putz 645 N.W.2d 343 Minn. 2002
filled in this statutory gap.
Marriage of Fulmer v. Fulmer 594 N.W.2d 210 Minn. Ct. App. 1999
Marriage of Fulmer v. Fulmer 594 N.W.2d 210 Minn. Ct. App. 1999
(noting trial courts may also modify stipulated maintenance provisions if parties’ circumstances have materially changed), revieiu denied (Minn. May 12,1989).
Little v. Little 969 P.2d 188 Ariz. Ct. App. Div. 1 1998
Gilbertson v. Graff 477 N.W.2d 771 Minn. Ct. App. 1991
Gilbertson v. Graff 477 N.W.2d 771 Minn. Ct. App. 1991
In Re the Marriage of Richards 472 N.W.2d 162 Minn. Ct. App. 1991
In Re the Marriage of Richards 472 N.W.2d 162 Minn. Ct. App. 1991
Marriage of Lee v. Lee 459 N.W.2d 365 Minn. Ct. App. 1990
Marriage of Lee v. Lee 459 N.W.2d 365 Minn. Ct. App. 1990
-20 (Minn.1982) (“Inasmuch as the trial court did not evaluate appellant’s subjective intent in [leaving his old job and] starting a new business, we must remand the matter for further proceedings, wherein that subjective intent will be considered”).
Marriage of Darcy v. Darcy 455 N.W.2d 518 Minn. Ct. App. 1990
Marriage of Darcy v. Darcy 455 N.W.2d 518 Minn. Ct. App. 1990
-20 (Minn.1982) (quoting Hopp v. Hopp, 279 Minn. 170, 176 , ) (other citation omitted).
Marriage of Herrley v. Herrley 452 N.W.2d 711 Minn. Ct. App. 1990
Marriage of Herrley v. Herrley 452 N.W.2d 711 Minn. Ct. App. 1990
Sommer v. Sommer, 108 Wis.2d 586
Anderson v. Anderson 450 N.W.2d 384 Minn. Ct. App. 1990
Anderson v. Anderson 450 N.W.2d 384 Minn. Ct. App. 1990
Curtis v. Curtis 442 N.W.2d 173 Minn. Ct. App. 1989
Curtis v. Curtis 442 N.W.2d 173 Minn. Ct. App. 1989
Marriage of Bruner v. Bruner 429 N.W.2d 679 Minn. Ct. App. 1988
Marriage of Bruner v. Bruner 429 N.W.2d 679 Minn. Ct. App. 1988
(holding that when a good faith career change results in decreased earnings, children and the separated spouse should share in the hardship as they would had the family remained together).
Marriage of Rohrman v. Moore 423 N.W.2d 717 Minn. Ct. App. 1988
Marriage of Rohrman v. Moore 423 N.W.2d 717 Minn. Ct. App. 1988
citing Gies- *721 -20 (Minn.1982).
Marriage of McNeill v. McNeill 415 N.W.2d 737 Minn. Ct. App. 1987
Marriage of McNeill v. McNeill 415 N.W.2d 737 Minn. Ct. App. 1987
ication of a decree with respect to child support “upon a showing of ⅜ ⅜ * substantially increased or decreased earnings of a party * * * which makes the terms unreasonable and unfair.” A modification is not proper if the support obligor “has not made a reasonable effort by means of his own selection to conform to an order well within his inherent but unex-ercised capacities.” -20 (Minn.1982) (quoting Hopp v. Hopp, 279 Minn. 170, 176 , ).
Marriage of Garcia v. Garcia 415 N.W.2d 702 Minn. Ct. App. 1987
Marriage of Garcia v. Garcia 415 N.W.2d 702 Minn. Ct. App. 1987
the obligor sought modification of a decree on the grounds a career change resulted in decreased earnings.
Marriage of Fuller v. Glover 414 N.W.2d 222 Minn. Ct. App. 1987
Marriage of Fuller v. Glover 414 N.W.2d 222 Minn. Ct. App. 1987
While generally a referee should inquire into whether the loss of employment was occasioned by the obligor’s own action and, if so, whether that action was taken in good faith, here the trial court apparently found such inquiry unnecessary.
Marriage of Hedburg v. Hedburg 412 N.W.2d 43 Minn. Ct. App. 1987
Marriage of Hedburg v. Hedburg 412 N.W.2d 43 Minn. Ct. App. 1987
In Re the Marriage of Larson 408 N.W.2d 612 Minn. Ct. App. 1987
In Re the Marriage of Larson 408 N.W.2d 612 Minn. Ct. App. 1987
Marriage of Quaid v. Quaid 403 N.W.2d 904 Minn. Ct. App. 1987
Marriage of Quaid v. Quaid 403 N.W.2d 904 Minn. Ct. App. 1987
Beede v. Law 400 N.W.2d 831 Minn. Ct. App. 1987
Beede v. Law 400 N.W.2d 831 Minn. Ct. App. 1987
(“proper to look beyond an obligor’s earnings to his earning *836 capacity, and to disregard any voluntary inability to pay”); (self-employed person voluntarily incurred expenses to expand his business); (even voluntary loss of income is justified when in good faith).
Marriage of Goff v. Goff 388 N.W.2d 28 Minn. Ct. App. 1986
Marriage of Goff v. Goff 388 N.W.2d 28 Minn. Ct. App. 1986
The Minnesota Supreme Court has analogized this situation to contempt cases, applying the rule that there is no defense if the obligor: “has not made a reasonable effort by means of his own selection to conform to an order well within his inherent but unexercised capacities.” -20 (Minn.1982) (quoting Hopp v. Hopp, 279 Minn. 170, 176 , ).
Marriage of Savoren v. Savoren 386 N.W.2d 288 Minn. Ct. App. 1986
Marriage of Savoren v. Savoren 386 N.W.2d 288 Minn. Ct. App. 1986
Marriage of McClintock v. Larson 382 N.W.2d 923 Minn. Ct. App. 1986
Marriage of McClintock v. Larson 382 N.W.2d 923 Minn. Ct. App. 1986