¶ 9 Arneen argues, however, that the District Court did not need to make a finding which expressly used the word "unconscionable" and that such a requirement would be an exaltation of form over substance. She relies on Baer v. Baer (1982), 199 Mont. 21, 647 P.2d 835, for the proposition that a district court's findings of fact regarding the propriety of modifying child support do not need to reflect the exact wording of § 40-4-208(2)(b), MCA, and asserts that the District Court's specific finding that "the circumstances [were] sufficiently changed to allow modification" equated to a finding that there were substantial and continuing changed circumstances and that the current child support obligation was unconscionable. ¶ 10 In Baer, we concluded that the exact wording of § 40-4-208(2)(b), MCA, need not appear in a district court's findings as long as we could determine (1) whether, in light of the evidence of record, the district court's findings were clearly erroneous; and (2) whether, in light of the evidence and the findings based thereon, the court adhered to the standards outlined in the statute in making its judgment.
Marriage of Grenfell (1982), 200 Mont. 490, 652 P.2d 1170, 1171, 39 St.Rep. 1891, 1893; Jensen v. Jensen (1979), 182 Mont. 472, 474, 597 P.2d 733, 734. Husband must show that in light of the evidence in the record, the findings of the District Court are clearly erroneous. Rule 52(a), M.R.Civ.P.; Marriage of Baer (1982), 199 Mont. 21, 647 P.2d 835, 838, 39 St.Rep. 1178, 1181. As to the first issue, husband contends there is no evidence in the record to support the District Court's judgment that child support be increased to $200 per month per child.
¶ 39 We have discussed a trial court's verbatim adoption of proposed findings of fact and conclusions of law many times. See, e.g., Baer v. Baer (1982), 199 Mont. 21, 31, 647 P.2d 835, 841 (citing cases). While we have voiced stern disapproval of a court's wholesale adoption of proposed findings and conclusions, we have also acknowledged that we are governed by Rule 52(a) M.R.Civ.P. (stating that unless clearly erroneous, findings shall not be set aside, and a "court may adopt any such proposed findings or conclusions so long as they are supported by the evidence and law of the case").
The plaintiffs argue that no final appealable order has yet been entered because the District Court has not yet made a final ruling upon their motion for attorney fees. They cite cases in which this Court has rejected appeals as premature because the issue of attorney fees was yet to be resolved. See Tigart v. Thompson (1989), 237 Mont. 468, 774 P.2d 401; Boles v. Ler (1984), 213 Mont. 266, 692 P.2d 1; Baer v. Baer (1982), 199 Mont. 21, 647 P.2d 835; Ring v. Hoselton (1982), 197 Mont. 414, 643 P.2d 1165. The plaintiffs urge that this appeal likewise be dismissed as premature. Rule 1(b), M.R.App.P., allows a party in a civil case to appeal to this Court from
These factors have been relied upon by this Court in several other cases wherein we upheld an increase in child support. See Reynolds v. Reynolds (1983), 203 Mont. 97, 660 P.2d 90, 40 St.Rep. 321, and In re Marriage of Baer, (1982), 199 Mont. 21, 647 P.2d 835, 39 St.Rep. 1178. In this case, the above-mentioned factors coupled with the fact that wife's expenses exceed her income, demonstrate that the changed circumstances of the parties are so substantial and continuing as to make the terms of the original decree unconscionable.
The court also erred in taking the father's proposed findings of fact and conclusions of law, which contain said provisions, over the mother's objections and adding them to the findings of the court. See, Marriage of Baer (1982), 199 Mont. 21, 647 P.2d 835. We find the District Court abused its discretion when it modified both the inflation and the health provisions of the decree without providing ample opportunity for the mother to argue against such modification.
On review, this Court must determine whether there is sufficient evidence in the record to sustain the findings of the District Court. Only when the findings of the District Court are clearly erroneous will they be set aside. Rule 52(a), M.R.Civ.P.; Baer v. Baer (1982), 199 Mont. 21, 647 P.2d 835, 39 St.Rep. 1178. The record shows that the father proposed the establishment of a trust for the benefit of the child; the mother's expense to support the child is between $210 and $260 per month; the mother is providing housing and transportation for the child and the father of the child is able to provide $200 per month for the child's support and $100 per month in trust for the child's future.