Cited by
Opinions in Minnesota that cite Lee v. Lee, 775 N.W.2d 631.
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In re the Marriage of: Kevin Max Peterson v. Rebecca Jane Peterson, County of Dakota, intervenor
Minn. Ct. App. 2016
rev’d in part on other grounds, (“Once a maintenance obligor establishes entitlement to modification of a maintenance order, the court must balance the needs of the obligee against the obligor’s financial condition or ability to pay to determine the amount of maintenance award.”).
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Victoria L. Sloan v. Kelly O'Neil, Regina Sabbia, Kerrie Cathcart, Uptown Realty & Management, LLC
Minn. Ct. App. 2016
The prevailing party may recover actual damages, costs, and reasonable attorney fees, as well as other equitable relief as determined by the court.” “[S]tatutory construction is a question of law, which [an appellate court] review[s] de novo.”
- Mobile Diagnostic Imaging, Inc. v. Racheal L. Hooten f/k/a Racheal L. Jones 889 N.W.2d 27 Minn. Ct. App. 2016
- Mobile Diagnostic Imaging, Inc. v. Racheal L. Hooten f/k/a Racheal L. Jones 889 N.W.2d 27 Minn. Ct. App. 2016
- In re the Marriage of: Paul Grant Gardner v. Margaret Rose Gardner Minn. Ct. App. 2016
- In re the Marriage of: Paul Grant Gardner v. Margaret Rose Gardner Minn. Ct. App. 2016
- In re the Marriage of: Sonya Sebring Stylos v. Lee Stylos Minn. Ct. App. 2016
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In re the Marriage of: Sonya Sebring Stylos v. Lee Stylos
Minn. Ct. App. 2016
DECISION “Maintenance is defined by statute as ‘an award made in a dissolution or legal separation proceeding of payments from the future income or earnings of one spouse for the support and maintenance of the other.’” (quoting Minn. Stat. § 518.003, subd.
- In re the Marriage of: Christine J. Curtis v. Gregory M. Curtis 887 N.W.2d 249 Minn. 2016
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In re the Marriage of: Christine J. Curtis v. Gregory M. Curtis
887 N.W.2d 249
Minn. 2016
Our cases suggest that a district court cannot require a maintenance-seeking spouse “to invade the principal of the property [awarded to a spouse seeking maintenance] to pay living expenses.” n.10 (Minn. 2009).
- In re the Marriage of: Julie Ellen O�Mara-Meyer v. William Philip Meyer Minn. Ct. App. 2016
- In re the Marriage of: Julie Ellen O�Mara-Meyer v. William Philip Meyer Minn. Ct. App. 2016
- S. Robideau Construction, Inc. v. John E. Hiber, Wells Fargo Bank, N.A. Minn. Ct. App. 2016
- In re the Marriage of: William David Wilder v. Michelle R. Wilder Minn. Ct. App. 2016
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In re the Marriage of: William David Wilder v. Michelle R. Wilder
Minn. Ct. App. 2016
n.5 (Minn. 2009) (discussing the difference between property and income in the maintenance context).
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S. Robideau Construction, Inc. v. John E. Hiber, Wells Fargo Bank, N.A.
Minn. Ct. App. 2016
See, (“It is within the district court’s discretion to rule on a motion despite [movant]’s late filings.”), aff’d in part and rev’d in part on other grounds, Benassi v. Back & Neck Pain Clinic, Inc., (noting movant’s “casual 7 and flagrant disregard” of filing and service requirements of Minn. Gen.
- In Re the Matter of: Anne Ray Charitable Trust, a Minnesota charitable trust, under agreement dated August 20, … Minn. Ct. App. 2016
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In Re the Matter of: Anne Ray Charitable Trust, a Minnesota charitable trust, under agreement dated August 20, …
Minn. Ct. App. 2016
“[S]tatutory construction is a question of law, which we review de novo.”
- In re the Marriage of: Roger Alan Roy v. Bonnie LaMay Roy Minn. Ct. App. 2016
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In re the Marriage of: Roger Alan Roy v. Bonnie LaMay Roy
Minn. Ct. App. 2016
Minn. Stat. § 518A.29(e) (2014); n.5 (Minn. 2009) (holding that the provisions of section 518A.29 defining gross income apply to spousal maintenance).
- In re the Marriage of: Matthew John Miller v. Jody Lynn Bichrt Minn. Ct. App. 2016
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In re the Marriage of: Matthew John Miller v. Jody Lynn Bichrt
Minn. Ct. App. 2016
“Maintenance is defined by statute as ‘an award made in a dissolution or legal separation proceeding of payments from the future income or earnings of one spouse for the support and maintenance of the other.”’ (quoting Minn. Stat. § 518.003, subd.
- In re the Welfare of A.S. 882 N.W.2d 633 Minn. Ct. App. 2016
- In re the Welfare of A.S. 882 N.W.2d 633 Minn. Ct. App. 2016
- In the Matter of the Petition of Northern States Power Company, d/b/a Xcel Energy, for Approval of Its … Minn. Ct. App. 2016
- In the Matter of the Petition of Northern States Power Company, d/b/a Xcel Energy, for Approval of Its … Minn. Ct. App. 2016
- In re the Marriage of: Marianne Ronate Reis v. Thomas Michael Hallberg Minn. Ct. App. 2016
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In re the Marriage of: Marianne Ronate Reis v. Thomas Michael Hallberg
Minn. Ct. App. 2016
(stating that a party shall receive maintenance in an amount that is reasonably needed to support one’s self).
- In re the Marriage of: James Walter Shaw v. Barbara Ann Shaw Minn. Ct. App. 2016
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In re the Marriage of: James Walter Shaw v. Barbara Ann Shaw
Minn. Ct. App. 2016
“Because maintenance is awarded to meet need, maintenance depends on a showing of need.” d 631, 642 (Minn. 2009) (stating that the district court awarded wife more maintenance than she reasonably needed to support herself and instructing the district court on remand to make findings that support the current award or to make a different award).
- State of Minnesota v. David Paul Patterson Minn. Ct. App. 2016
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State of Minnesota v. David Paul Patterson
Minn. Ct. App. 2016
“[S]tatutory construction is a question of law, which we review de novo.”
- Hennepin County, Mamie Jegbadai v. Gbenga Akinnola Minn. Ct. App. 2016
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Hennepin County, Mamie Jegbadai v. Gbenga Akinnola
Minn. Ct. App. 2016
2(e) (Supp. 2015); see Dakota County, d at 910 (interpreting this statutory language as “any modification of support—for whatever underlying reason—may be retroactive only, at the earliest, to the date of service of notice of the motion to modify”); (interpreting this statutory language, in the context of a spousal maintenance dispute, to mean “that the choice of retroactive date is committed to the discretion of the district court, as long as the date chosen is within the statutory limits”).
- Robert Kagel v. Christian Brackey, Kagel Acquisition Company, LLC Minn. Ct. App. 2016
- Robert Kagel v. Christian Brackey, Kagel Acquisition Company, LLC Minn. Ct. App. 2016
- In re the Marriage of: Deka Haji Diriye v. Adam Jelle Jilacow Minn. Ct. App. 2016
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In re the Marriage of: Deka Haji Diriye v. Adam Jelle Jilacow
Minn. Ct. App. 2016
For purposes of spousal maintenance, the income of a self-employed person is defined by statute as “gross receipts minus costs of goods sold minus ordinary and necessary expenses required for self-employment.” Minn. Stat. § 518A.30 (2014); n.5 (Minn. 2009) (holding that definition of gross 5 income in section 518A.29 applies to calculations of spousal maintenance).
- Laura M. Engelhart, n/k/a Laura Hoss v. Robert J. Engelhart Minn. Ct. App. 2015
- Laura M. Engelhart, n/k/a Laura Hoss v. Robert J. Engelhart Minn. Ct. App. 2015
- In re the Marriage of: Todd Emil Nelson v. Leslie Ann Nelson Minn. Ct. App. 2015
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In re the Marriage of: Todd Emil Nelson v. Leslie Ann Nelson
Minn. Ct. App. 2015
(making “further comment” on certain issues “[i]n light of our decision”).
- In re the Marriage of: Kumiko Olivia Highley v. Christopher Alan Kvaal Minn. Ct. App. 2015
- In re the Marriage of: Kumiko Olivia Highley v. Christopher Alan Kvaal Minn. Ct. App. 2015
- In re the Marriage of: Charles DeBolt Hart v. Jennifer Jayne Hart Minn. Ct. App. 2015
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In re the Marriage of: Charles DeBolt Hart v. Jennifer Jayne Hart
Minn. Ct. App. 2015
(remanding for the district court to make findings justifying a maintenance award in excess of a recipient’s reasonable needs).
- In re the Marriage of: Kerry S. Spolum v. Michael J. D'Amato Minn. Ct. App. 2015
- In Re the ESTATE OF Esther Caroline SULLIVAN, Decedent 868 N.W.2d 750 Minn. Ct. App. 2015
- In Re the ESTATE OF Esther Caroline SULLIVAN, Decedent 868 N.W.2d 750 Minn. Ct. App. 2015
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In re the Marriage of: Kerry S. Spolum v. Michael J. D'Amato
Minn. Ct. App. 2015
“Because maintenance is awarded to meet need, maintenance depends on a showing of need.” (stating that the district court awarded wife more maintenance than she reasonably needed to support herself and instructing the district court on remand to make findings that support the current award or a different award).