Cited by

Opinions in Minnesota that cite Marriage of Kostelnik v. Kostelnik, 367 N.W.2d 665.

67 citing documents.

Distinguished In the Marriage of: Minn. Ct. App. 2025
To support this argument, wife cites two prior decisions from our court: rev. denied (Minn. July 26, 1985)
In re the Marriage of: Ryan Russell Preusse v. Amanda Jayne Preusse Minn. Ct. App. 2025
In re the Marriage of: Ryan Russell Preusse v. Amanda Jayne Preusse Minn. Ct. App. 2025
“[W]hen determining a spouse’s ability to pay spousal maintenance, a district court ‘must make a determination of the payor spouse’s net or take-home pay.’” (emphasis omitted) ( rev. denied (Minn. July 26, 1985)).
In re the Marriage of: Brenda Lee Christiansen v. Timothy Nels Christiansen, ... Minn. Ct. App. 2024
In re the Marriage of: Brenda Lee Christiansen v. Timothy Nels Christiansen, ... Minn. Ct. App. 2024
See, (“In order to properly consider the financial ability of a spouse, the court must determine the spouse’s net or take-home income.”); (determining that a district court errs when using gross income).
In re the Marriage of: Kimberly Erin Macfarlane, petitioner, Appellant, Minn. Ct. App. 2022
36, 39 (Minn. 1982) (affirming a maintenance award noting that the recipient’s “[reasonable] monthly expenses exceeded her net take- home salary”) (emphasis added ); Schmidt, d at 229 (reversing denial of maintenance when the denial was based on an analysis which omitted consideration of the effect of taxes on the potential maintenance recipient’s income); (reversing an award of spousal maintenance because “ to determine [the potential obligor’s] ability to pay, the court must make a determinati
In re the Marriage of: John Alex Walker, petitioner, Appellant, Minn. Ct. App. 2021
Husband’s arguments focus on caselaw interpreting the ability of a spouse to pay maintenance while meeting his or her own needs and providing that “[i]n order to determine ability to pay, the [district] court must make a determination of the payor spouse’s net or take-home pay.” review denied (Minn. Jul y 26, 1985).
In re the Marriage of: Martin Sean Schmidt, petitioner, Respondent, vs. Julie Ann Schmidt, Appellant. Minn. Ct. App. 2021
Kostelnik, (emphasis added), review denied (Minn. 1985).
Deborah Lynn Nichols, Appellant, Minn. Ct. App. 2021
We have said that the distric t court must determine an obligor’s net income to determine his ability to pay, d 665, 670 (Minn. App. 1985), review denied (Minn. July 26, 1985), implying that a district court must also determine gross income.
In re the Marriage of: Minn. Ct. App. 2020
(stating that, within the context of a payor spouse’s ability to pay, courts must determine their net income), review denied (Minn. July 26, 1985).
In re the Marriage of: Charles Robert Aufenthie, petitioner, Respondent, Minn. Ct. App. 2020
Minnesota Statutes section 518.552, subdivision 2(g) , requires the district court to consider “the ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance .” And to determine a party’s ability to pay, the district court “must make a dete rmination of the payor spouse’s net or take -home pay.” Kostelnik v. Kostelnik , review denied (Minn. July 26, 1985).
In re the Marriage of: Minn. Ct. App. 2020
“In order to determine ability to pay [spousal maintenance], the court must make a determination of the payor spou se’s net or take-home pay.” Kostelnik v. Kostelnik , Husband’s income as determined by the district court for child-support purposes is less than husband’s claimed reasonable monthly expenses.
In re the Marriage of: Larry Allan Keeler, petitioner, Appellant, Minn. Ct. App. 2020
“In order to determine ability to pay, the court must make a determination of the payor spouse’ s net or take -home pay.” Kostelnik v. Kostelnik , review denied (Minn. July 26, 1985).
In re the Marriage of: Robert William Bessenbacher, petitioner, Appellant, Minn. Ct. App. 2019
review denied (Minn. July 26, 1985).
In re the Marriage of: Minn. Ct. App. 2019
“In order to determine ability to pay, the court must make a determination of the payor spouse’s net or take-home pay.” Kostelnik v. Kostelnik , review denied (Minn. July 26, 1985).
In re the Marriage of: Susan Lee Wood, petitioner, Respondent, Minn. Ct. App. 2019
“In order to determine ability to pay, the court must make a determination of the payor spouse’s net or take -home pay.” Kostelnik v. Kostelnik , review denied (Minn. July 26, 1985).
In re the Marriage of: Nicole Marie Anne Sanders, petitioner, Appellant, Minn. Ct. App. 2019
“In order to determine ability to pay, the [district] court must make a determination of the payor spouse’s net or take-home pay.” review denied (Minn. July 26, 1985).
In re the Marriage of: Casey Alena Holloway, petitioner, Respondent, Minn. Ct. App. 2019
In determining whether a spouse has the ability to pay spousal maintenance, “the [district] court must make a determination of the payo r spouse’s net or take-home pay.” review denied (Minn. July 26, 1985).
In re the Marriage of: Tracy Wong Belcher, petitioner, Respondent, Minn. Ct. App. 2017
See Rask v. Rask , Kostelnik v. Kostelnik , review denied (Minn. July 26 , 1985).
In re the Marriage of: Minn. Ct. App. 2017
See Kostelnik v. Kostelnik , (“In order to determ ine ability to pay, the [district] 8 court must make a determination of the payor spouse’s net or take-home pay.”), review denied (Minn. July 26, 1985).
In re the Marriage of: Elena Vladimirovna Tokarev v. Vladimir Efimovich Tokarev Minn. Ct. App. 2017
In re the Marriage of: Elena Vladimirovna Tokarev v. Vladimir Efimovich Tokarev Minn. Ct. App. 2017
2(g) (2016) (requiring the district court to consider the payor spouse’s ability to meet needs while meeting the recipient spouse’s needs); (“In order to determine ability to pay, the [district] court must make a determination of the payor spouse’s net or take-home pay.”), review denied (Minn. July 26, 1985).
In re the Marriage of: Christopher Hutchenson Owen v. Angela Dawn Owen Minn. Ct. App. 2016
In re the Marriage of: Christopher Hutchenson Owen v. Angela Dawn Owen Minn. Ct. App. 2016
In determining whether a spouse has the ability to pay spousal maintenance, “the [district] 8 court must make a determination of the payor spouse’s net or take-home pay.” review denied (Minn. July 26, 1985).
In re the Marriage of: Kari Wynn Wahlstrom v. Eric David Wahlstrom Minn. Ct. App. 2016
In re the Marriage of: Kari Wynn Wahlstrom v. Eric David Wahlstrom Minn. Ct. App. 2016
“In order to determine ability to pay, the court must make a determination of the payor spouse’s net or take-home pay.” review denied (Minn. July 26, 1985).
Kie Vang, and v. Joshua Paul Forsman, Ely Chamber of Commerce, City of Ely, Minnesota State Colleges and … 883 N.W.2d 288 Minn. Ct. App. 2016
Kie Vang, and v. Joshua Paul Forsman, Ely Chamber of Commerce, City of Ely, Minnesota State Colleges and … 883 N.W.2d 288 Minn. Ct. App. 2016
App. P. 106 “does not condition the right to file a notice of review on the order being an appealable order as to respondent.” review denied (Minn. July 26, 1985).
In re the Marriage of: James Walter Shaw v. Barbara Ann Shaw Minn. Ct. App. 2016
In re the Marriage of: James Walter Shaw v. Barbara Ann Shaw Minn. Ct. App. 2016
(“In order to determine ability to pay, the [district] court must make a determination of the payor spouse’s net or take-home pay.”), review denied (Minn. July 26, 1985).
In re the Marriage of: Tarah Ann Aanerud v. James Richard Aanerud Minn. Ct. App. 2015
In re the Marriage of: Tarah Ann Aanerud v. James Richard Aanerud Minn. Ct. App. 2015
(holding that in determining a party’s ability to pay spousal maintenance “the court must make a determination of the payor spouse’s net or take- home pay”), review denied (Minn. July 26, 1985).
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 order to determine ability to pay, the [district] court must make a determination of the payor spouse’s net or take-home pay.”), review denied (Minn. July 26, 1985).
In re the Marriage of: Anne Elizabeth Castle-Heaney v. Bruce Edward Heaney Minn. Ct. App. 2014
In re the Marriage of: Anne Elizabeth Castle-Heaney v. Bruce Edward Heaney Minn. Ct. App. 2014
A district court “must make a determination of the payor spouse’s net or take-home pay.” review denied (Minn. July 26, 1 Anne: $1,391.33 (gross income) + $1,461 (child support) + $1,800 (maintenance) = $4,652.33 (total monthly income) – $5,552 (expenses) = $899.67 shortfall.
In re the Marriage of: Pamela Kay Beltrand v. Thomas Leo Beltrand Minn. Ct. App. 2014
In re the Marriage of: Pamela Kay Beltrand v. Thomas Leo Beltrand Minn. Ct. App. 2014
But, “[i]n order to properly consider the financial ability of a spouse, the court must determine the spouse’s net or take-home income.” (similar), review denied (Minn. July 26, 1985); n.3 (Minn. App. 2011) (“[A] district court may not compute the amount of a maintenance award based on an obligor’s earning capacity, absent a finding of the obligor’s bad faith or unjustifiable lim
Doe 175 ex rel. Doe 175 v. Columbia Heights School District, ISD No. 13 842 N.W.2d 38 Minn. Ct. App. 2014
Doe 175 ex rel. Doe 175 v. Columbia Heights School District, ISD No. 13 842 N.W.2d 38 Minn. Ct. App. 2014
¶ 3 (-69 (Minn.App.1985), review denied (Minn. July 26, 1985)).
Aon Corp. v. Haskins 817 N.W.2d 737 Minn. Ct. App. 2012
Aon Corp. v. Haskins 817 N.W.2d 737 Minn. Ct. App. 2012
Co-appellants contend that they may obtain immediate appellate review because of this court’s review denied (Minn. July 26, 1985), in which we held that a respondent could obtain appellate review of an otherwise nonap-pealable order by way of a notice of review filed pursuant to the former Minn. R. Civ.
Sota Foods, Inc. v. Larson-Peterson & Associates, Inc. 497 N.W.2d 276 Minn. Ct. App. 1993
Sota Foods, Inc. v. Larson-Peterson & Associates, Inc. 497 N.W.2d 276 Minn. Ct. App. 1993
(a party may raise a non-appealable order by notice of review), pet.
Anderson Ex Rel. Anderson v. City of Coon Rapids 491 N.W.2d 917 Minn. Ct. App. 1992
Anderson Ex Rel. Anderson v. City of Coon Rapids 491 N.W.2d 917 Minn. Ct. App. 1992
-69 (Minn.App.1985), pet.
Wirig v. Kinney Shoe Corp. 448 N.W.2d 526 Minn. Ct. App. 1990
Schreifels v. Schreifels 450 N.W.2d 372 Minn. Ct. App. 1990
Wirig v. Kinney Shoe Corp. 448 N.W.2d 526 Minn. Ct. App. 1990
Schreifels v. Schreifels 450 N.W.2d 372 Minn. Ct. App. 1990