In Re The Marriage Of Cerwic

834 N.W.2d 872 2013 WL 2370722

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Nature of the Case

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Facts

H and W were married and had three children. Life was difficult as they had to adjust to an unstable job market and obtain new skills to remain relevant. In 2010, it was H's turn to get fired from his job. H and W agreed that he would return to school to pursue an associate's degree as a diesel mechanic. While he was in school, H was not employed and served as the children's primary caregiver. In 2011 they separated. H remained in the marital home with the children. H filed for divorce in April 2011. W recommended alternating care of the children on a daily basis during the week and switching care every other weekend. This arrangement was unsuccessful and led to police intervention on several occasions. H moved for physical care. W responded with a motion for temporary joint physical care, which H resisted. The court awarded H temporary support in the amount of $900.00 per month. The same day W quit her job and enrolled in a pre-med program at a local community college. Her goal was to attend medical school in pursuit of becoming a doctor. W moved to modify child support and visitation. The Court found W’s decision to quit her job to be selfish and irresponsible. The court found that 'communication and cooperation between the parties appears to have further deteriorated since the June hearing, essentially precluding shared care.' The court then expanded visitation slightly, reduced child support to $450 per month, and otherwise overruled W's motion. In February 2012, the court held a trial on the dissolution of marriage petition. Both parties requested physical care. Neither party requested joint physical care. The court awarded joint physical care, divided martial debts and property, and ordered minimal child support. H appealed.