Marriage of Zaldivar v. Rodriguez

819 N.W.2d 187, 2012 WL 3082171, 2012 Minn. App. LEXIS 79
CourtCourt of Appeals of Minnesota
DecidedJuly 30, 2012
DocketNo. A11-1632
StatusPublished
Cited by2 cases

This text of 819 N.W.2d 187 (Marriage of Zaldivar v. Rodriguez) 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 Zaldivar v. Rodriguez, 819 N.W.2d 187, 2012 WL 3082171, 2012 Minn. App. LEXIS 79 (Mich. Ct. App. 2012).

Opinions

OPINION

JOHNSON, Chief Judge.

In 2007, the Watonwan County District Court ordered a citizen of El Salvador, who at that time was not authorized to reside or work within the United States, to pay child support to his former wife, for the benefit of their young daughter. In [190]*1902011, the district court held the former husband in civil contempt of court for his failure to pay child support and ordered him to serve 90 days in the county jail unless he satisfied certain purge conditions. On appeal, he argues that, as a matter of law, he may not be held in civil contempt for his failure to pay child support because he may not be employed consistent with federal immigration law. He also challenges certain findings of fact on which the district court’s contempt order is based. We conclude that an unauthorized alien is not categorically exempt from Minnesota’s child-support obligations, and we further conclude that the district court’s orders in this ease do not conflict with federal immigration law. We also conclude that the district court did not clearly err in its factual findings. Therefore, we affirm.

FACTS

Luis Roberto Zaldivar Rodriguez is a native and citizen of El Salvador, where he was trained as a physician. In 1993, he married a woman now known as Blanca Margarita Parada. Zaldivar and Parada moved to Minnesota in September 2000 with their daughter, who then was four years old. Their marriage was dissolved by the Watonwan County District Court in 2003. At the time of the dissolution, the district court did not order either party to pay child support.

In 2007, approximately four years after the dissolution, Watonwan County moved to establish a child-support obligation for Zaldivar. Zaldivar opposed the motion on the ground that he has no income and, thus, no ability to pay child support. In August 2007, the district court ordered Zaldivar to pay child support of $320 per month. Zaldivar appealed, and this court affirmed. Zaldivar v. Zaldivar, No. A07-2057, 2008 WL 3290537, *3 (Minn.App. Aug. 5, 2008), review denied (Minn. Sept. 23, 2008).

In July 2010, Watonwan County brought a motion to hold Zaldivar in contempt due to his failure to pay child support. At that time, his arrearage was approximately $16,000. Shortly thereafter, in September 2010, Watonwan County moved to modify Zaldivar’s child-support obligation and to establish a medical-support obligation. In October 2010, a child-support magistrate reduced Zaldivar’s child-support obligation to $313 per month to reflect the statutory child-support guidelines but imposed a medical-support obligation of $62 per month. Thus, Zaldivar’s total support obligation was increased to $375 per month.

In November 2010, the district court held a hearing on the county’s contempt motion. The county introduced into evidence the original child-support order from August 2007, the child-support modification order from October 2010, and an affidavit of a county child-support officer. Neither party presented the testimony of any witnesses.

In February 2011, the district court issued an order holding Zaldivar in contempt of court for failing to pay his child-support obligation. The district court found that Zaldivar “failed to offer any justification for noncompliance” with the order to pay child support. The district court referred to the August 2007 child-support order, in which the district court found that Zaldivar earned $1,616 per month while working at a beef plant from December 2005 to November 2006. The district court also referred to the August 2007 hearing, at which Zaldivar testified, as well as the October 2010 modification hearing, at which Zaldivar invoked his Fifth Amendment right against self-incrimination. The district court explained: “Respondent [Zaldivar] did not offer evidence of any income, refused to provide [191]*191any testimony regarding his efforts to obtain legal working status, and invoked his Fifth Amendment self-incrimination privilege; therefore, the Court has limited information pertaining to his earning capacity, financial status, and earnings history.” The district court concluded:

Respondent [Zaldivar] has managed to find a way to financially support himself during the last several years. Respondent testified he lives off the support of friends and an inheritance; however, he has never disclosed specific details regarding the value of these gifts or inheritance. Respondent invoked his Fifth Amendment self-incrimination privilege in refusing to provide such information. Consequently, the Court is permitted to draw adverse inferences against him.

The district court ordered Zaldivar to serve 90 days in the Watonwan County jail but stayed the order on the following conditions:

a. Respondent shall pay his child support obligation in full.
b. Respondent shall continue to make payments until the child covered by the Order reaches the age of 18, or age 20 if still in secondary school; or until the child becomes emancipated or dies; or until further order.
c. Respondent shall provide proof of at least two job searches per week to the Watonwan County Child Support Office, including copies of all applications and rejection letters from employers.
d. Respondent shall contact the child support office at least once per week.
e. Respondent shall immediately notify the County of all changes in employment and address.

In March 2011, Zaldivar sought appellate review of the district court’s finding of contempt by way of a petition for discretionary review, but this court denied the petition. In re Marriage of Zaldivar, No. Al11-513, — N.W.2d - (Minn.App. May 3, 2011) (order).

In July 2011, the district court held a hearing concerning whether to lift the stay of Zaldivar’s 90-day term of confinement. A county child-support officer testified that Zaldivar had not made a child-support payment in several years and that his ar-rearage was approximately $21,000. She also testified that Zaldivar had submitted only 23 applications for employment, fewer than the 38 applications required to comply with the district court’s order. She further testified that Zaldivar had not contacted her since March 2011 despite the requirement that he do so weekly. Zaldi-var called as witnesses two friends who had given him cash gifts. One friend testified that he gave Zaldivar approximately $4,000 during the previous year, and another friend testified that he gave Zaldivar approximately $10,000 during the previous two years. Zaldivar testified that he is not authorized by law to work in the United States.

In July 2011, the district court issued an order in which it found that Zaldivar had not demonstrated an inability to pay child support. The district court found that Zaldivar’s “present immigration status is not a dispositive factor in his inability to contribute something to child support” and that “[t]he evidence shows that he has received $14,000 apparently tax free and has used none of it to pay his child support.” The district court concluded that Zaldivar violated the conditions of the order staying his jail term. The district court ordered Zaldivar to report to the Watonwan County jail to serve the 90-day term. Zaldivar did not report to jail, and the district court issued a warrant for his arrest. Zaldivar appeals.

ISSUES

I.

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Cite This Page — Counsel Stack

Bluebook (online)
819 N.W.2d 187, 2012 WL 3082171, 2012 Minn. App. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-zaldivar-v-rodriguez-minnctapp-2012.