In Re Ramsey Cty. Ex Rel. Pierce Cty., Wis.

645 N.W.2d 747
CourtCourt of Appeals of Minnesota
DecidedJune 25, 2002
DocketC7-01-2052
StatusPublished
Cited by1 cases

This text of 645 N.W.2d 747 (In Re Ramsey Cty. Ex Rel. Pierce Cty., Wis.) 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
In Re Ramsey Cty. Ex Rel. Pierce Cty., Wis., 645 N.W.2d 747 (Mich. Ct. App. 2002).

Opinion

645 N.W.2d 747 (2002)

In re RAMSEY COUNTY, o/b/o PIERCE COUNTY, WISCONSIN, Respondent,
Gabrielle Joy Hruska, Respondent,
v.
Ryan M. Carey, Appellant.

No. C7-01-2052.

Court of Appeals of Minnesota.

June 25, 2002.

*748 Susan E. Gaertner, Ramsey County Attorney, Dawn R. Burlingame, Assistant County Attorney, St. Paul, MN, for respondent Ramsey County.

Gabrielle Joy Hruska, Prescott, WI, pro se respondent.

Daniel S. McGrath, Steingart, McGrath & Moore, LLC, Minneapolis, MN, for appellant.

Considered and decided by RANDALL, Presiding Judge, STONEBURNER, Judge, and HUSPENI, Judge.

OPINION

HUSPENI, Judge.[*]

On appeal from the denial of his motion to reduce his support obligation, appellant-father, who is totally disabled and lives with his parents, alleges (a) payments by his parents for his expenses should not be imputed to him as income; (b) his current net monthly income is below the poverty line, making child-care cost reimbursement presumptively unreasonable; and (c) equity requires that his support obligation be adjusted to be commensurate with his disability benefits. Because we agree that the magistrate erred in including as income to appellant the value of expenses met by his parents, and because without inclusion of that value in appellant's income, his child support obligation would be less than his minor child receives as derivative disability benefits, and because payment of child-care costs would be unreasonable, we reverse.

FACTS

In 1999, respondent Ramsey County, on behalf of respondent Gabrielle J. Hruska, *749 filed a paternity action against appellant Ryan M. Carey. After a hearing, the district court adjudicated Carey the father of respondent's child and, pursuant to the parties' agreement, entered an order establishing a $300 monthly child support obligation beginning January 1, 2000.

Carey was subsequently adjudicated totally disabled by the Social Security Administration and began receiving disability benefits. At present his sole income is $633 per month in disability benefits. While Carey's application to be adjudicated as disabled was pending, his parents heeded advice of various mental health advocates and created a supplemental needs trust (the trust) for him.

In August 2000, Carey moved to modify his child support obligation. Prior to the hearing, Carey indicated on the court's information request form that his expenses were being paid by the trust. Janet Carey, Carey's mother, who has power of attorney for Carey, represented that Carey's monthly expenses were at least $3,000.

After a hearing, the magistrate, in an October 24, 2000 order, found that Carey had an imputed monthly income of $3,000 from the trust and $611 in disability benefits. Although the monthly guideline-determined support obligation for an income of $3,611 was $902.75, the magistrate did not modify the support obligation because no motion to increase support was pending. The magistrate granted Carey an adjustment, reducing his required payments by $107.50, to reflect the amount of dependent benefits paid to the minor child from social security. The district court affirmed the magistrate's order and Carey did not appeal.

In April 2001, Carey again moved to modify his child support obligation. At the hearing on that motion, Janet Carey testified that Carey's monthly expenses had decreased significantly since October 2000, because Carey was no longer able to live independently and had moved into his parents' home. The record reflects that the only funds that have been deposited into the trust since January 1, 2001, are Carey's disability benefits. Janet Carey testified that Carey's expenses averaged $667 per month and that his disability payments were $633. She also testified that the monthly expenses for running her household, in which she, her husband, and Carey resided, were at least $2,700.

The magistrate imputed $900 per month of in-kind income to Carey during 2001, which was one-third of the Carey household's monthly expenses. Subtracting out-of-pocket medical expenses of $411.79 from the imputed income and disability payments, the magistrate determined that Carey's average net monthly income was at least $1,121.21, that guideline support would be at least $280.30, and that Carey had failed to establish a substantial change in circumstances rendering the current support order unreasonable and unfair.[1] The magistrate also ordered that, effective May 1, 2001, Carey's obligation to provide support for the cost of medical and dental insurance be suspended in each month in which he verified that he received insurance from Minnesota Care or medical assistance. Further, the magistrate denied *750 Carey's request that his contribution toward child-care costs be modified.

This appeal followed.

ISSUES

1. Does the value of living expenses provided by parents to a totally disabled adult father constitute income that may be used in calculating the father's child support obligation?

2. Did the father show a substantial change in circumstances rendering the current child support obligation unreasonable and unfair and warranting a modification of his child support obligation?

3. Was the father's income below the federal poverty line and would such circumstance render the payment of child-care costs presumptively unreasonable?

ANALYSIS

The parties do not dispute that we are to review this child support magistrate's decision in the same manner as we would if a district court had made the decision. Brazinsky v. Brazinsky, 610 N.W.2d 707, 710 (Minn.App.2000).[2] District courts have broad discretion when deciding whether to modify child support. Putz v. Putz, No. C7-01-257, 645 N.W.2d 343, 351, 2002 WL 1291822, at *4 (Minn. 2002). We will reverse an order regarding the modification of child support "only if the district court abused its broad discretion" and reached a "clearly erroneous conclusion that is against the logic and the facts on [the] record." Id.

Carey argues that the magistrate clearly erred by determining that his income changes did not constitute a significant change in circumstances. He argues that (1) his parents' contribution to his living expenses should not be imputed to him as income for the calculation of his child support obligation; (2) he has shown a substantial change in circumstances because his expenses, and imputed income, have decreased dramatically; and (3) his income is below the federal poverty line and, therefore, making him pay child-care costs is presumptively unreasonable. We find Carey's arguments to be persuasive.

I.

In setting or modifying child support, the court shall take into consideration "all earnings, income, and resources of the parents * * *." Minn.Stat. § 518.551, subd. 5(c)(1) (Supp.2001). Income is defined as

any form of periodic payment to an individual including, but not limited to, wages, salaries, payments to an independent contractor, workers' compensation, unemployment benefits, annuity, military and naval retirement, pension and disability payments.

Minn.Stat. § 518.54, subd. 6 (2000). On this record, the payments made by Carey's parents for Carey's expenses are not made *751 to Carey.

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Related

Long v. Creighton
670 N.W.2d 621 (Court of Appeals of Minnesota, 2003)

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Bluebook (online)
645 N.W.2d 747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ramsey-cty-ex-rel-pierce-cty-wis-minnctapp-2002.