Faribault-Martin-Watonwan Human Services Ex Rel. Jacobson v. Jacobson

363 N.W.2d 342, 1985 Minn. App. LEXIS 3885
CourtCourt of Appeals of Minnesota
DecidedFebruary 26, 1985
DocketC2-84-1207
StatusPublished
Cited by13 cases

This text of 363 N.W.2d 342 (Faribault-Martin-Watonwan Human Services Ex Rel. Jacobson v. Jacobson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Faribault-Martin-Watonwan Human Services Ex Rel. Jacobson v. Jacobson, 363 N.W.2d 342, 1985 Minn. App. LEXIS 3885 (Mich. Ct. App. 1985).

Opinions

OPINION

LANSING, Judge.

Appellant Faribault-Martin-Watonwan Human Services Board commenced this action ex rel Margaret Jacobson after she assigned to the Board all her rights and claims against respondent Darrell Jacobson based on her receipt of AFDC payments from the Board since 1962. The county appeals the trial court’s award of $2,346.25 in arrearages. We affirm in part, reverse in part, and remand.

FACTS

The parties agreed to a stipulation of facts. Darrell and Margaret Jacobson were divorced in 1962 in Mankato, Minnesota, by judgment entered after a stipulation. They had four children, all minors at the time of the divorce. Final judgment listed [344]*344child support at “$175.00 per month for the support and maintenance of the minor children of the parties.” The judgment did not conform to the parties’ understanding, and for purposes of this action they agreed that Darrell Jacobson’s obligation should have been $155 per month, with payments made at $35 per week.

In December 1971 Margaret Jacobson brought a URESA petition against Darrell Jacobson, who then lived in Nevada. After a hearing, the Nevada district court entered an order for support dated January 25, 1972, requiring Darrell Jacobson to pay $40 per month per child for the three children who were still minors at the time. The same court entered two subsequent orders. The first reduced child support by $40 per month when one child became emancipated; the second reduced child support by $40 per month when another child went to live with Darrell Jacobson in Nevada, leaving him with a total obligation of $40 per month. None of the Nevada orders refer to the Minnesota decree or expressly purport to modify it.

Darrell Jacobson moved back to Minnesota in 1974. He discussed child support with representatives of the child support enforcement unit of Faribault County and was told that Faribault County would take no further action at that time as long as he continued to pay the $40 per month as ordered. The Faribault County Human Services Center discussed with him the fact that he had approximately $19,000 in child support arrearages. He disputed the amount, saying it should be calculated at $155 per month rather than $175. Fari-bault County indicated it would not proceed for the arrearages as long as Darrell Jacobson continued paying as ordered in Nevada and that its policy is not to bring an obligor into court until the obligor stops making support payments or the children become emancipated. This position was described in a letter to Darrell Jacobson dated December 15, 1977.

Faribault County commenced this action in January 1979, after Darrell Jacobson inherited part of his father’s estate. He raised the statute of limitations as a defense. The parties stipulated that the statute limits this action to payments owed for the period from February 1, 1969, through the end of April 1978. However, they disputed the amount of child support actually paid between February 1, 1969, and January 1, 1972. Margaret Jacobson claimed none was paid, and Darrell Jacobson claimed $155 per month was paid. They stipulate to payment of half the $155 monthly payments.

The trial court awarded Faribault County $2,346.25 in arrearages plus costs and disbursements. In calculating the award the trial court divided the stipulated monthly child support, $155, by four to arrive at a figure of $38.75 per month per child. The award is based on that per-child obligation, which was reduced proportionately as the children reached majority or left Margaret Jacobson’s home. The court took into account the half-payments stipulated for February 1, 1969, through January 1, 1972.

The trial court also determined that Fari-bault County, by its delay in bringing this action, must be deemed to have acquiesced in the orders of the Nevada court and consequently waived the arrearages accrued under the original Minnesota order.

ISSUES

1. Did the support order issued by the Nevada court modify the support obligation under the original Minnesota decree?

2. Did the trial court err in retroactively reducing the support obligation as the children became emancipated or no longer resided with Margaret Jacobson?

3. Does the doctrine of laches or any other equitable defense preclude recovery of any of the arrearages claimed?

ANALYSIS

I

Darrell Jacobson contends that the Nevada court’s support orders modified the original Minnesota decree and that he therefore [345]*345is not liable for arrearages greater than those accrued under the Nevada orders.

Under Nevada law at the time these orders were entered, a support order in a URESA proceeding modified the original decree if the order specifically provided for such modification. See Foster v. Marshman, 96 Nev. 475, 611 P.2d 197 (1980); Peot v. Peot, 92 Nev. 388, 551 P.2d 242 (1976). We must conclude that under Nevada law, the Nevada orders did not modify the original Minnesota decree because none of the Nevada orders referred to the original decree or specifically purported to modify it in any way.

A similar result is reached if Minnesota law is applied. The effect of a responding court’s order on the original support obligation was not entirely clear under Minn.Stat. §§ 518.41-.53 (1971). Compare Minn.Stat. § 518C.20 (1982) (a RURESA support order does not nullify an existing order “unless specifically provided by the court.”) However, Matson v. Matson, 333 N.W.2d 862 (Minn.1983), addressed the issue whether a 1968 URESA order modified a 1961 decree. The Matson court said that, assuming the responding Minnesota court had the authority to modify a Wisconsin support judgment in a URESA proceeding, Minn.Stat. § 518.18 clearly required one of the parties to petition for modification of support obligations. Id. at 865. The 1972 URESA order does not expressly modify the decree; consequently, Jacobson’s support obligation under the original decree was not modified. The two subsequent Nevada orders merely decreased support in accordance with the first decree issued by the Nevada court.

Under either Nevada or Minnesota law, the arrearages on the support obligation were fixed by the original decree, not by the obligation imposed by the Nevada court in the URESA action. The trial court’s determination on this issue is correct.

II

The trial court went on, however, to calculate arrearages based on a monthly per-cibid figure of $38.75, which was reduced proportionately each time a child became emancipated. The court explained this reduction by taking judicial notice of the Minnesota fifth judicial district’s standard practice in 1962 of reducing child support proportionately as children became emancipated.

Rules of court may be judicially noticed without formal proof. See McCormick’s Handbook of the Law of Evidence, § 330, at 765 (E. Cleary 2d ed. 1972). However, the trial court noticed a general practice in awarding child support, rather than a rule of court. See Anderson v. Twin City Rapid Transit Co., 250 Minn. 167, 184, 84 N.W.2d 593

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Faribault-Martin-Watonwan Human Services Ex Rel. Jacobson v. Jacobson
363 N.W.2d 342 (Court of Appeals of Minnesota, 1985)

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Bluebook (online)
363 N.W.2d 342, 1985 Minn. App. LEXIS 3885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faribault-martin-watonwan-human-services-ex-rel-jacobson-v-jacobson-minnctapp-1985.