Alan Robert Zinsmeister - Page 19




                                       - 19 -                                         
              support needs of the recipient, the bill provides that                  
              a payment qualifies as alimony only if the payor (or                    
              any person making a payment on behalf of the payor) has                 
              no liability to make any such payment for any period                    
              following the death of the payee spouse.  [H. Rept. 98-                 
              432 (part 2), at 1496 (1984).]                                          
              Under Minnesota law, temporary orders in a divorce                      
         proceeding terminate when the underlying proceeding is                       
         consummated by dismissal or otherwise.  See Minn. Stat. 518.131,             
         subd. 5 (2000); Richardson v. Richardson, 15 N.W.2d 127 (Minn.               
         1944).  Similarly, an order of civil contempt for failure to obey            
         an order pending a final divorce decree loses its "force and                 
         life" with a judgment of dismissal.  In re Fanning, 41 N.W. 1074             
         (Minn. 1889).  Minnesota law also provides that a suit for a                 
         divorce abates when either spouse has died.  See Tikalsky v.                 
         Tikalsky, 208 N.W. 180 (Minn. 1926).                                         
              Minnesota law, however, expressly provides that an award of             
         attorney’s fees, even if made in a temporary order, survives the             
         underlying action for a divorce.  The relevant statute provides:             
              An award of attorney’s fees made by the court during                    
              the pendency of the proceeding or in the final judgment                 
              survives the proceeding and if not paid by the party                    
              directed to pay the same may be enforced as above                       
              provided or by a separate civil action brought in the                   
              attorney’s own name.  If the proceeding is dismissed or                 
              abandoned prior to determination and award of                           
              attorney’s fees, the court may nevertheless award                       
              attorney’s fees upon the attorney’s motion.  The award                  
              shall also survive the proceeding and may be enforced                   
              in the same manner as last above provided. [Minn. Stat.                 
              sec. 518.14 subd. 1 (West 1990 & Supp. 1999-2000).]                     
                                                                                     
              Here, the payments which remain at issue were all originally            






Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011