Christianson v. Christianson

671 N.W.2d 801 (2003)

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Nature of the Case

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Facts

H and W married in June 1968 and filed for divorce in January 2001. H was 56 and W was 58. H has a Bachelor of Science Degree in Biology, a Master's Degree in School Administration, and a Specialist's Degree in Educational Leadership. H was a retired Superintendent at Parshall High School and was drawing benefits from the North Dakota Teachers' Fund for Retirement. He gave up his position in anticipation of obtaining a 'state job' as a grant administrator, but the job never materialized. Before retiring, H had an annual salary of $56,000, and with benefits, his compensation was close to $65,000.H enrolled at North Dakota State University in Fargo, North Dakota, in August of 2000 to pursue a Specialist's Degree in Educational Leadership. The salary range for a person with this degree is between $50,000 and $90,000 and earned $692.00 per month as a graduate teaching assistant and $800.00 per month as a sales associate at Marshall Field's. H's retirement income at the time gave him $2,273.86 per month. He forwarded $1,050.00 of that amount to W. W has a Bachelor of Science Degree in Elementary Education. She is employed as an elementary school teacher at Plaza School in Plaza, North Dakota, earning $24,500. She also works part-time at the Cenex Convenience Store in Parshall, earning from $300 to $350 per month. The district court awarded 60 percent of the marital property to W and 40 percent to H. The court found W to be a disadvantaged spouse and determined she could not be rehabilitated. The court awarded her permanent support in the amount of zero ($0.00) dollars. The court deferred setting the amount of spousal support until October 15, 2002. W had low job security; the school where she teaches has declining enrollment, and at some point, it may no longer be feasible to keep the school open. She is 58 years old and does not have a portfolio, which is required by many schools. The parties moved to different communities nine times during their marriage. It found these moves were made solely to advance H's career, and little consideration was given to whether W could obtain a teaching job. Because the parties dipped into her retirement fund on four occasions, W's retirement is a fraction of what it could have been. W also had heel spurs in both feet and will eventually need surgery. On January 16, 2003, the district court found W's needs as a disadvantaged spouse had become more pronounced since the divorce judgment had been entered; the A.G. Edwards stock portfolio awarded to her as part of the property division had sharply declined in value. H has been unable to secure a position in the field of school administration. H voluntarily gave up a $56,000 job, that the salary range for an individual possessing this type of degree is $50,000 to $90,000, and that his present earnings are significantly less than the prevailing amounts earned in the community by persons with a similar work history and occupational qualifications. H was found to be underemployed. The court used an equalization-of-income approach and imputed income to H to set the support award at $900.00 per month. The amended judgment was entered on April 3, 2003. This appeal resulted.