This new parties’ 23-season relationship try demolished inside the January 1987

In the a past attention, which legal concluded that Nancy Reif try eligible to increased *229 fix because a question of law. Reif v. Reif, 410 Letter.W.2d 414, 416 (Minn.Ct.Application. Ulsan women are attractive 1987). Nancy Reif appeals.

The stipulation, hence shielded every issues except restoration and you can attorneys’ costs, so long as John Reif will have custody of their one or two slight pupils, today many years 14 and you can 10, and you may pay Nancy Reif $sixteen,200 for their demand for the fresh homestead, and that almost every other property might possibly be divided just as.

During new dissolution, Nancy Reif was working on a nursing education which she requested to complete when you look at the three years within ages 46. She got incurred $5,000 into the student loans and you will lent $dos,000 regarding nearest and dearest and you will nearest and dearest as the break up. Her previous working experience is actually limited to waitressing at minimum wage prior to she hitched, that college or university 12 months once the a teacher’s aide making $400 per year, and you may an associate-day accounting employment getting ten period 1 month during the $5.00/time. She affirmed one to she ended up being incapable of come across an accounting work, hence their 17-borrowing from the bank courseload and you will every single day travel anywhere between Grand Rapids and you will Duluth minimal their own employment opportunities. She properly asked short-term restoration out of $step one,400/few days up until she done their unique studies, or in the contrary, long lasting fix into the a fair count.

Aside from remarking inside her testimony you to John Reif’s claimed costs off $400 for as well as $100 private entertainment was indeed a little large, Nancy Reif did not difficulty which funds

John Reif registered a month-to-month finances which shown a net income out of $step 3,125 and you can expenses regarding $dos,700 per month to own themselves and a couple lesser students. Including included in the funds was an effective $70/day percentage on the a student loan on which among the parties’ adult college students got defaulted, and you may whenever $400/month from inside the money into a loan he had consumed acquisition to invest Nancy Reif’s interest in this new homestead. Nancy Reif’s submitted expenses out-of $1,434/month also weren’t challenged.

The newest demo legal discovered that Nancy Reif had practical month-to-month costs off $1,800, and you may John Reif got realistic month-to-month expenses away from $2,000. They granted Nancy Reif repair regarding $400 per month, and you may she appealed.

While the interest is pending, John Reif gone the newest demonstration judge for your order amending and/or making clear their results on to the ground you to definitely “careful learning of your transcript and you will Results to what practical costs of events don’t match evidence and you can if not aren’t obvious.” Specifically, John Reif wanted the fresh courtroom to address if Nancy Reif’s expenditures was $step one,800/month inside the white that she only claimed $1,400/times, and whether or not the discovering that John Reif’s costs were $dos,000/day got under consideration new $eight hundred 30 days they rates your to invest in Nancy Reif’s assets payment.

The fresh new demonstration legal accepted one to John Reif’s actions wasn’t prompt below Minn.R. Civ.P. and you will , however, stated that “to your a learning of your own Findings of-fact together with Court’s remember of research, it could be appropriate so you can describe the order below Laws ,” enabling correction of clerical mistakes. While the judge specifically recalled this had meant to get a hold of you to Nancy Reif’s reasonable expenses had been $1,000/times, they revised its results to mirror you to matter. However, in the event that an attraction was pending, Rule need log off of one’s appellate legal getting clerical variations. The latest number cannot mean that instance hop out try ever before questioned, therefore the tried correction was not sensed towards the desire.

On appeal of the original purchase, so it judge stored that even when Nancy Reif’s sensible costs was simply $step 1,400 in the place of $step one,800 per month, an award of only $400/month temporary repair was shortage of as an issue of legislation for the view of the size of the marriage, the latest parties’ previous affluent existence, Nancy Reif’s share while the a homemaker and lack out-of traditional work, their academic expenditures, additionally the fact that John *230 Reif’s month-to-month earnings surpassed his determined expenditures because of the $step 1,125. Because the research were unsuccessful “in order to endure this new trial court’s results off law and you will view,” it judge remanded to have “then procedures.” Reif, 410 N.W.2d at 416.