Larkin v. Larkin

¶1(dissenting).

¶2Plaintiff insists and the record shows that she incurred expenses amounting to $3,197.06 due to the illness of the younger daughter of the parties, an illness which has existed since 1952 and in all likelihood will continue. This will mean additional medical and hospital expenses for plaintiff to pay.

¶3As we pointed out in Beigler v. Chamberlin, 138 Minn. 377, 165 N. W. 128, L. R. A. 1918B, 215, it is the primary duty of the father to support his minor children.1 This includes his obligation to pay all necessary expense arising out of and required by the child’s illness, unless, in the case of divorce, that obligation is put upon the mother by the judgment of divorce and sufficient support money is allowed and paid to her for that purpose to discharge such obligation. That was not done here.

¶4The record shows that defendant and his present wife have a net worth of at least $25,000. Of this amount his present wife contributed $10,000, which she received from the sale of her home. His assets consist of an equity in a farm, an equity in a home, a valuable 20-acre tract, and payments due him from time to time on the sale of real estate given to him by his father.

¶5At the time of the divorce in 1947 plaintiff received no alimony nor any interest in defendant’s property. The court at that time awarded to her $40 a month as support money for the parties’ two minor children, their custody having been given to the mother.

¶6For a period of 4 years from January 1, 1955, with the exception of 6 months, defendant received a salary of $7,300 a year during which time he was either clerk or deputy clerk of the Supreme Court of Minnesota. During that period he paid plaintiff support money of $75 a month and prevailed upon her, she claims, not to seek any further relief for fear it would interfere with his position. Thereafter he was employed in the office of the county auditor of Hennepin County and reduced his support money from $75 to $60 a month. *421Plaintiff now receives from him but $100 a month support money which sum she will, in all likelihood, be required to use, as far as it will go, for the payment of future medical and hospital expenses of their younger daughter. This daughter suffers from a dehydration disease which will require medical attention and hospitalization hereafter from time to time.

¶7Here, under the order of the court, the defendant, with property worth at least $15,000, and regularly employed at a substantial salary, was relieved, not only from paying any part of the $3,197.06 medical and hospital expenses necessarily incurred by the plaintiff for their unfortunate child, but in the future she will be required to pay the child’s medical and hospital bills as they arise with no contribution from the defendant other than what can be saved out of this additional $40 a month support allowance.

¶8At the time of the divorce in 1947 both children were entirely well. These medical and hospital bills are, therefore, extraordinary and unforeseen expenses arising from exceptional circumstances. As such the defendant should, at least, be required to pay a part of them. That is also true as similar expenses are incurred from time to time in the future. For the trial court to, in effect, compel the wife to pay this $3,197.06 alone, and to pay similar expenses in the future as they arise, is not only wrong but, in my opinion, is a clear abuse of discretion. I, therefore, dissent.