In re the Matter of: Birch Benjamin Hansen v. Suzanne Christine Todnem

891 N.W.2d 51, 2017 WL 562525, 2017 Minn. App. LEXIS 28
CourtCourt of Appeals of Minnesota
DecidedFebruary 13, 2017
DocketA16-0698
StatusPublished
Cited by3 cases

This text of 891 N.W.2d 51 (In re the Matter of: Birch Benjamin Hansen v. Suzanne Christine Todnem) 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 the Matter of: Birch Benjamin Hansen v. Suzanne Christine Todnem, 891 N.W.2d 51, 2017 WL 562525, 2017 Minn. App. LEXIS 28 (Mich. Ct. App. 2017).

Opinion

OPINION

HOOTEN, Judge

In this dispute regarding child support, child care, and child-related tax benefits, appellant father argues that the district court (1) erred by failing to apply a $15,000 statutory cap to the parents’ monthly combined PICS; (2) abused its discretion by denying appellant’s request to provide in-home, before and after school child care; (3) erroneously determined that the child would be covered under respondent mother’s medical insurance policy; and (4) exceeded its authority in allocating the federal dependency exemption to the parent who is not entitled to claim head of household status. We affirm.

FACTS

Appellant Birch Benjamin Hansen and respondent Suzanne Christine Todnem are the parents of K.T. (the child), born in 2010. The parents, who never married, separated when the child was less than two months old, resulting in Todnem becoming the child’s primary caretaker. Initially, Hansen voluntarily paid Todnem $1,000 per month in basic child support, two-thuds of the child care costs, and $99.91 per month for the child’s medical insurance coverage. In January 2014, Hansen petitioned for a determination of custody, parenting time, and child support. The district court issued an order awarding Tod-nem temporary sole legal and temporary sole physical custody and directing Hansen to continue paying the same child support obligations that he previously volunteered.

In March 2015, a custody evaluation report recommended that the district court award the parties joint legal and joint physical custody along with equal parenting time, and that the district court appoint a parenting consultant. Approximately four months later, the parties finalized a comprehensive parenting plan that mirrored the custody evaluator’s recommendations and met the elements outlined in Minn. Stat. § 518.1705, subd. 2(a) (2016). The district court adopted the parenting plan, which also allowed for a parenting *55 consultant to determine the child’s elementary school for the 2015 academic year. The parenting consultant chose a school located less than one-half mile from Hansen’s residence.

Within weeks of the district court’s adoption of the parenting plan, disputes arose between the parties regarding child support, child care, and child-related tax benefits. The district court issued an order in October 2015, determining that the parties’ combined PICS was $16,868 1 and concluding that there was no statutory cap for the PICS. Based on these determinations, the district court required Hansen to pay $424 per month in basic child support. The district court also denied Hansen’s before and after school daycare request, finding that his request was not in the child’s best interests. The district court found that although Hansen’s monthly medical insurance costs were less than Todnem’s monthly costs, Todnem’s policy was preferable because her deductible was $150 while his deductible was $3,000. 2 The district court therefore ordered Hansen to pay $83 per month for medical support.

The district court initially allocated to each parent the right to claim all child-related tax exemptions, credits, and deductions in alternating years. But, because both parties moved to amend the district court’s order, the district court amended its order to reserve the issue for resolution at an evidentiary hearing. At the hearing, Hansen claimed that he was entitled to claim the child exclusively for all tax-related benefits (dependency exemption, head of household status, child tax credit, and child and dependent care credit) because the child spends an equal amount of time with both parents and Hansen has a higher adjusted gross income than Todnem. The district court disagreed with Hansen and decided that the tax benefits should be allocated between Hansen and Todnem each year. In an effort to ensure that both parents would receive some tax benefit each year, the district court ordered that the parent who did not qualify for the head of household status for a given year be entitled to claim the dependency exemption. Hansen appeals.

ISSUES

I. Did the district court err by failing to apply a $15,000 statutory cap to the parties’ combined PICS in its child support calculation?

II. Did the district court abuse its discretion by denying Hansen’s request to provide in-home child care during before and after school hours?

III. Did the district court err in determining that Todnem, rather than Hansen, maintain the child under her medical insurance policy?

IV. Did the district court err in allocating the dependency exemption to the parent who was not entitled to claim head of household status for that particular year?

ANALYSIS

I.

Hansen argues that the district court miscalculated his basic child support obligation by fading to limit the parents’ combined PICS to $15,000. Generally, the district court has broad discretion in determining a parent’s child support obligation. Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn.1984). But, the district court abuses *56 its discretion if the support obligation goes against the facts in the record or if the district court misapplies the law. Id,

In computing a parent’s child support obligation, the district court combines the parents’ gross monthly income to arrive at the PICS and determines each parent’s percentage contribution to the combined PICS. Minn. Stat. § 518A.34 (2016). Here, the district court calculated the parents’ combined PICS as $16,624 and determined that Hansen’s income made up 65% of the PICS. The district court did not apply a $15,000 cap to the parents’ combined PICS, explicitly finding that “there is no cap on the combined parental income under the [c]hild [s]upport [g]uidelines.” The district court then limited the basic support obligation to the $1,883 statutory cap, pursuant to the child support guidelines, and adjusted Hansen’s obligation to account for his equal parenting time. See Minn. Stat. §§ 518A.35, subd. 2, .36 (2016). As a result, Hansen’s basic child support obligation was set at $424 per month.

Hansen specifically argues that the district court should have limited the parties’ combined PICS to $15,000, and in doing so, reduced Hansen’s gross monthly income from $10,728 to $9,104. Minn. Stat. § 518A.35, subd. 1(e), states:

For combined [PICS] exceeding $15,000 per month, the presumed basic child support obligations shall be as for parents with combined [PICS] of $15,000 per month. A basic child support obligation in excess of this level may be demonstrated for those reasons set forth in section 518A.43.

If a statute’s language is clear, this court will interpret the language and discern the legislature’s intent according to the plain and the common sense meaning of the words. State ex rel. Gardner v. Holm, 241 Minn. 125, 129, 62 N.W.2d 52, 55 (1954).

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Related

Hansen v. Todnem
908 N.W.2d 592 (Supreme Court of Minnesota, 2018)
In re the Marriage of: Justin David Shearer v. Mandy Jane Shearer
891 N.W.2d 72 (Court of Appeals of Minnesota, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
891 N.W.2d 51, 2017 WL 562525, 2017 Minn. App. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-matter-of-birch-benjamin-hansen-v-suzanne-christine-todnem-minnctapp-2017.