In Re The Marriage Of Scheuer v. Scheuer

711 N.W.2d 698 (2006)

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Nature of the Case

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Facts

H and W were married July 29, 1978. W petitioned for divorce on April 23, 2003. The couple had two children, but both were adults at the time of the divorce. H had been employed at Andersen Windows for twenty-three years, earning approximately $20 an hour. W was employed at Wood Goods, was earning around $12.70 an hour. On May 6, 2003, the court entered a temporary maintenance order, with H paying W $300 per month. H lost his job in July. W alleged H had been fired for misconduct on the job. H admitted he skipped work for five days in a row, although he asserted he had taken vacation days. H later found a new job paying $11.74 per hour. The trial court imputed an annual earning capacity of $41,875, or $ 20.13 per hour. The court found that had it not been for H's misconduct, H would have been continuing at a rate of at least $20 per hour. Based on the imputed earning capacity, the court ordered H to pay maintenance for fifteen years: $400 per month for the first five years, $500 per month for the second five years, and $600 per month for the third five years. H appealed in part.