Loscheider v. Loscheider

563 N.W.2d 331, 1997 WL 259315
CourtCourt of Appeals of Minnesota
DecidedJuly 10, 1997
DocketC1-96-1964
StatusPublished

This text of 563 N.W.2d 331 (Loscheider v. Loscheider) 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
Loscheider v. Loscheider, 563 N.W.2d 331, 1997 WL 259315 (Mich. Ct. App. 1997).

Opinion

OPINION

PETERSON, Judge.

In this postdissolution support action, Richard Loseheider argues that the district court erred in determining that under the terms of the parties’ dissolution decree, he was required to reimburse Mary Jo Los-cheider for the money she paid to Stearns County as reimbursement for public assistance furnished to him and their minor child. We reverse.

' FACTS

Appellant Richard Loseheider and respondent Mary Jo Loseheider were divorced in July 1990. The parties had two minor children. The dissolution decree, entered pursuant to the parties’ stipulation, awarded respondent physical custody of T.J. and appellant physical custody of A.J. The decree also provided:

Because both parties have approximately equal incomes and each will have custody of one child, there will be no direct support paid from either party to the other. Each parent will be responsible for all expenses for the child in that parent’s custody.

T.J. became emancipated in June 1991. In the spring of 1992, appellant sought Stearns County’s help in establishing a support obligation for respondent for A.J. The action was dismissed because it was brought under an incorrect statute. In the summer of 1992, appellant quit his job and returned to college fulltime. He applied for and received public assistance for himself and A.J. from Stearns County.

In 1998, Stearns County sued respondent for reimbursement of the public assistance it had provided and would continue to provide for A.J. and appellant. In May 1993, an administrative law judge (ALJ) ordered respondent to pay the county $2,351 in reimbursement for past assistance furnished to A.J. and appellant. The ALJ established respondent’s ongoing support obligation at $260, the amount recommended by the child support guidelines. The ALJ then stated that although the county was entitled to receive $260 per month in continuing reimbursement from respondent, she and the county had agreed that she would pay only $130 per month while appellant received public assistance but that her ongoing support obligation automatically would revert to $260 per month if appellant stopped receiving public assistance. Judgment was entered pursuant to the order in June 1993.

It appears that appellant received public assistance until April 1995, one month after A.J.’s eighteenth birthday, and respondent paid $130 per month to the county through April 1995. Respondent never paid any support directly to appellant. Appellant completed his college degree shortly after his public assistance benefits ended.

In August 1995, respondent filed a motion seeking reimbursement from appellant for the money she paid to the county as reimbursement for the public assistance furnished to appellant and A.J. Respondent stated that the parties had agreed that each would support the child in his or her custody and would never seek support from the other for that child. Respondent argued that the money she had paid to the county as reimbursement for the public assistance furnished to appellant and A.J. violated their agreement. Respondent claimed that appellant voluntarily *333 quit his job and applied for public assistance and argued that his actions were a back-door way of forcing her to pay support in violation of their agreement. Respondent also claimed that appellant’s breach greatly benefited him by allowing him to obtain a college degree. Respondent contended that under the plain language of the decree, appellant was required to reimburse her.

After an evidentiary hearing, the district court determined that the parties had agreed to provide all support for the child each had in his or her custody and to waive all right to seek support for that child. The court noted that stipulations in dissolutions are favored and binding on the parties. The court determined that finding that the ALJ’s order in the reimbursement action modified the parties’ agreement would allow appellant to shirk his support obligation, avoid the agreement he had made during the dissolution, and obtain a college degree by doing so. The court stated that because appellant never had brought a motion to modify the agreement in the decree, he should not be allowed to collect support from respondent in violation of that agreement. The court concluded that given the unique facts of the case, appellant had an obligation to reimburse respondent for the support she paid to the county.

ISSUE

Did the district court err in ordering appellant to reimburse respondent for the money she paid to the county as reimbursement for the public assistance furnished to appellant and their minor child?

ANALYSIS

A district court’s findings of facts will not be reversed unless they are clearly erroneous. Minn. R. Civ. P. 52.01. This court, however, need not defer to the district court’s decision on a question of law. Frost-Benco Elec. Ass’n v. Minnesota Pub. Utils. Comm’n, 358 N.W.2d 639, 642 (Minn.1984). The interpretation of a statute is a question of law. Ribbing Educ. Ass’n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 (Minn.1985).

Minn.Stat. § 256.87, subd. 1 (1992) provides:

A parent of a child is liable for the amount of assistance furnished under sections 256.72 to 256.87 to and for the benefit of the child, including any assistance furnished for the benefit of the caretaker of the child, which the parent has had the ability to pay. Ability to pay must be determined according to chapter 518.

A county may bring an action seeking reimbursement from a parent for assistance furnished to a child and the child’s caretaker. Id. In addition to ordering a money judgment against a parent for past assistance furnished, the district court also may order the parent to make an ongoing support contribution to the county for the months when the child and the custodian continue to receive public 1 assistance. Minn.Stat. § 256.87, subd. la (1992). 1

Here, in' the reimbursement action, the ALJ ordered respondent to pay $2,351 in reimbursement to the county and established her ongoing support obligation at $130 per month while .appellant received public assistance. The ALJ had the same powers as a district court in this action. See Minn.Stat. § 518.551, subd. 10(c) (1992) (for purposes of administrative process for support orders, ALJ has all powers and duties conferred on district court judges to obtain and enforce support obligations). 2

Appellant argues that the ALJ’s order in the reimbursement action modified the *334 support waiver provision in the decree and that respondent therefore is not entitled to reimbursement under the decree. This court has stated that “an order entered pursuant to Minn.Stat. § 256.87 does not modify the

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Bluebook (online)
563 N.W.2d 331, 1997 WL 259315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loscheider-v-loscheider-minnctapp-1997.