Marriage of Borcherding v. Borcherding

566 N.W.2d 90, 1997 Minn. App. LEXIS 725, 1997 WL 359103
CourtCourt of Appeals of Minnesota
DecidedJuly 1, 1997
DocketC9-96-2182
StatusPublished
Cited by1 cases

This text of 566 N.W.2d 90 (Marriage of Borcherding v. Borcherding) 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
Marriage of Borcherding v. Borcherding, 566 N.W.2d 90, 1997 Minn. App. LEXIS 725, 1997 WL 359103 (Mich. Ct. App. 1997).

Opinion

*92 OPINION

NORTON, Judge.

Appellant argues that the administrative law judge (ALJ) abused her discretion in: (1) allowing respondent a deduction for actual medical expenses when calculating his net income for child support purposes; and (2) setting the effective date of the modified support order. The ALJ’s deduction of appellant’s actual medical expenses for his subsequent family was improper. We remand this issue only and order that the record be opened for the purpose of finding the proper allocation of actual medical expenses between the obligor and his subsequent family. We affirm in part and reverse and remand in part.

FACTS

The marriage of Cindy M. Borcherding (mother) and respondent Ronald A. Bor-cherding (father) was dissolved on January 12,1983. The parties have two children born to their marriage. The dissolution decree granted sole physical custody to mother and provided that father pay $182.13 per month in child support. In March 1993, father’s child support obligation was modified to $239.20 per month.

In October 1995, mother contacted appellant Freeborn County Department of Human Services (Freeborn County) to request a review of father’s child support obligation. Pursuant to Minn.Stat. § 518.551, subd. 5(b) (1996), Loretta Schewe, Freeborn County Child Support Officer, calculated father’s net monthly income to be $1,276.81, after allowing deductions for federal and state taxes, social security, pension, uniforms, and $211.19 per month for dependent health insurance. After an administrative conference, Schewe recalculated father’s net income at $1,190.20, based on a larger pension deduction.

At the contested administrative hearing on the remaining issues surrounding Freeborn County’s proposed child support modification, father argued that Sehewe’s calculation of his net income was erroneous because it did not account for the increased cost of dependent health insurance, $225.40 per month, or his expenditures for actual medical costs of $225 per month. Father alleged that he was entitled to a deduction for actual medical expenses because he has a $250 deductible on his medical insurance policy, a copayment of 20% after the deductible is met and, unreimbursed medical expenses for himself and his subsequent family totalling $3,141.92 for one year. At the hearing, Schewe recalculated father’s net income at $1,243.80, accounting for increased dependent health insurance expense and increased salary.

The ALJ issued an order modifying father’s child support obligation to $305.28 per month based on its finding that father’s net monthly income was $1,243.80 minus an additional deduction of $225.40 per month for dependent health insurance. The ALJ later amended the findings providing that the additional $225 deduction represented actual medical expenses, not dependent health insurance.

ISSUES

1. Did the ALJ abuse her discretion in allowing a deduction for actual medical expenses when determining father’s net income?

2. Did the ALJ abuse her discretion in setting the effective date of the modified support order?

ANALYSIS

Freeborn County alleges that the ALJ abused her discretion in determining father’s child support obligation. “Traditionally, a child support modification ruling is disturbed on appeal only if the trial court abused its discretion.” Lee v. Lee, 459 N.W.2d 365, 368 (Minn.App.1990), review denied (Minn. Oct. 18, 1990). Like a trial court, an ALJ’s child support modification ruling is reviewed under the abuse of discretion standard. Id. at 368-69.

1. Actual Medical Expense Deduction.

Freeborn County argues that, when calculating father’s net income for child support purposes, the ALJ erroneously included a deduction of $225 for actual medical ex *93 penses. A calculation of net income will not be disturbed on appeal if it has a reasonable basis in fact. Strauch v. Strauch, 401 N.W.2d 444, 448 (Minn.App.1987). The statute defines an obligor’s net income as total monthly income minus:

(i) Federal Income Tax
(ii) State Income Tax
(in) Social Security Deductions
(iv) Reasonable Pension Deductions
(v) Union Dues
(vi) Cost of Dependent Health Insurance Coverage
(vii)Cost of Individual or Group Health/Hospitalization Coverage or an Amount for Actual Medical Expenses
(viii) A Child Support or Maintenance Order that is Currently Being Paid.

Minn.Stat. § 518.551, subd. 5(b) (1996).

Freeborn County contends that the deduction for “actual medical expenses” in section 518.551, subdivision 5(b)(vii), applies only to actual medical expenses of the obligor and any child supported by the child support order. We agree. A majority of the actual medical expenses that father incurred were for his subsequent wife, Kathy, and then-daughter, M.:

Medications $218.48 (M. & Ronald)

U of M Hospital 300.00 (Kathy)

Faribault Clinic 600.00 (Kathy, M. & Ronald)

Dr. Dresher 851.00 (Kathy)

Dr. Peterson 890.00 (Kathy & Ronald)

Miscellaneous 15.99 (M.)

Mayo Clinic 266.45 (M.)

In allowing a deduction for actual medical expenses of father’s subsequent family, the ALJ violated the principle that subsequent children are not to be factored into a child support guidelines calculation. See Erickson v. Erickson, 385 N.W.2d 301, 304 (Minn.1986) (“[cjhildren by a subsequent marriage, while relevant to a trial court’s decision, are not to be factored into the child support guideline tables * * * ”); Lenz v. Wergin, 408 N.W.2d 873, 877-78 (Minn.App.1987) (holding that trial court erred by considering expenses of obligor’s subsequent wife and child in determining that obligor’s financial needs had substantially increased). Indeed, cases allowing a deduction for actual medical expenses have limited the deduction to expenses incurred by the obligor or children covered by the child support order. See Bartl v. Bartl, 497 N.W.2d 295, 299 (Minn.App.1993) (holding that, under Minn. Stat § 518.551, subd. 5(b)(vii), actual medical expenses of obligor’s children under child support order must be deducted when determining net monthly income); Graser v. Graser, 392 N.W.2d 743, 744-45 (Minn.App.1986) (holding that, under Minn.Stat. § 518.551, subd.

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Bluebook (online)
566 N.W.2d 90, 1997 Minn. App. LEXIS 725, 1997 WL 359103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-borcherding-v-borcherding-minnctapp-1997.