Donohue v. Getman

432 N.W.2d 281 (1988)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P and D were divorced in 1982. Richard received physical custody of their three children. Both parties subsequently remarried, and their new spouses either have custody of or pay child support for children from prior marriages. In 1986 the trial court awarded sole legal and physical custody of the parties' three children to P. The court denied P's request for child support, finding that D did not have the means or ability to make support payments. P petitioned for child support based on the guidelines. D was receiving worker's compensation and social security disability benefits of $1,405.33 per month. The court found that he is totally disabled within the meaning of worker's compensation and social security law. Richard has a severe degenerative condition of the spine and a herniated disc; as a result, he suffers pain, has occasional blackouts, and is experiencing atrophy of his arms. Richard has undergone surgery at least four times due to these problems, and his present wife cannot work because she must stay at home to take care of him. The children of D's new spouse are experiencing medical problems which will require surgery, and D will be obligated to pay those medical bills. The guidelines would require payment between $539 and $578 per month, but the court found that D should pay only $120 per month. The court found that D's medical condition and total disability; his monthly expenses and large indebtedness; his future medical expenses; his inability to hold any kind of gainful employment; and the medical condition of his stepchildren all mitigated support to $120. P appealed.