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petitioner’s monthly spousal support obligation, labeled
"Maintenance", was set at $1,150.
In April 1992, petitioner and Betty executed a note and
mortgage for the principal amount of $50,000 (the second
mortgage). The second mortgage instrument was signed by the
petitioner and by Betty. The second mortgage note, however, was
signed solely by petitioner.1 In August, Betty and the two
children moved to Woodbury, Minnesota, so that Betty could
complete her education at the University of Minnesota.
In December 1992, Betty attempted to move back into the
family residence in Rochester. Petitioner obtained an ex parte
order awarding him temporary exclusive possession of the
residence. In February 1993, however, petitioner and Betty
agreed that Betty and all three children would move into the
residence and that petitioner would move out.
Betty filed a motion for temporary relief in June 1993. Her
affidavit submitted in support of the application for temporary
relief stated that the fair market value of the residence was
$123,000 and that the total principal of all outstanding
mortgages thereon was $100,000. In her motion she sought, among
other things, retroactive spousal maintenance and monthly child
support of $1,400, to be reduced to $1,200 when their oldest
1Both the first and second mortgages replaced earlier loans
that had been secured by the residence. Those earlier
obligations are not involved in this case.
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