State, County of Clay Ex Rel. Hendrickson v. Hendrickson

403 N.W.2d 872, 1987 Minn. App. LEXIS 4252
CourtCourt of Appeals of Minnesota
DecidedApril 14, 1987
DocketC3-86-1222
StatusPublished
Cited by4 cases

This text of 403 N.W.2d 872 (State, County of Clay Ex Rel. Hendrickson v. Hendrickson) 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
State, County of Clay Ex Rel. Hendrickson v. Hendrickson, 403 N.W.2d 872, 1987 Minn. App. LEXIS 4252 (Mich. Ct. App. 1987).

Opinions

OPINION

FORSBERG, Judge.

This is an appeal from an order for reimbursement of AFDC payments under Minn. Stat. § 256.87. A dissolution hearing was held on March 28th and 29th, 1985 in Clay County Family Court. At that time the county moved for past and ongoing reimbursement from appellant Joseph Hen-drickson for AFDC payments expended to Kisa Hendrickson for the benefit of their two children. As part of the final dissolution judgment and decree, the court ordered appellant to pay $325.00 per month in child support to the county and reserved the issue for later reassessment. An order for reimbursement was issued, setting a rehearing date to redetermine the amount of reimbursement. On January 22, 1986, the court reviewed the reimbursement order and increased payments to $400 per month commencing June 1, 1986. Appellant appealed from the order increasing reimbursement. We affirm.

FACTS

Kisa and Joseph Hendrickson were granted a dissolution of their marriage on April 2, 1985. The parties agreed to share physical and legal custody of their two children, with Kisa having custody 60% of the time, and Joseph 40% of the time. As part of the final judgment, the court ordered appellant to pay $325.00 per month to Clay County as ongoing reimbursement for AFDC payments expended to Kisa. This was $75 below the guidelines as set out in Minn.Stat. § 518.551. The court noted that a “specific deviation from the guidelines is justified in this case inasmuch as respondent has several debts to be paid in addition to nis basic needs.” A hearing was scheduled for October 1, 1985, to determine whether a different amount would be required thereafter. Subsequent to the final judgment and dissolution decree, appellant and respondent Clay County entered into a stipulated agreement whereby appellant agreed to pay Clay County $1600-$1750 in past reimbursement and $325 per month as ongoing reimbursement, subject to review on October 2, 1985.

Due to numerous delays, the reimbursement order was not reviewed until January 22, 1986. On June 10, 1986, the court issued an order increasing ongoing reimbursement to $400.00 per month. In support of its order, the court found that Kisa had been receiving AFDC payments for the benefit of the children since September 25, 1984, and was continuing to receive such assistance, and that appellant had an obligation to support the children, and the ability to do so.

Joseph Hendrickson appeals from the order increasing child support.

ISSUES

1. Does the court have jurisdiction to direct reimbursement under Minn.Stat. § 256.87 after a final dissolution judgment and decree has been entered?

2. Did the trial court err by increasing the order for reimbursement?

[874]*8743. Does the imposition of § 256.87 in this case interfere with the best interests of the child as contemplated in Minn.Stat. § 518.17?

ANALYSIS

I.

Minn.Stat. § 256.87 provides that if there is no outstanding support order, a county may bring an action to require a parent to pay at least a portion of AFDC expended over a two-year period, depending on the parent's ability to pay. Minn.Stat. § 256.-87, subd. 1 (1984). Minn.Stat. §§ 518.001-518.67 govern marriage dissolution proceedings and § 518.64 deals specifically with modifications of support orders. Appellant argues that since a dissolution decree is final and may be re-opened only upon motion, and support modified only after the required § 518.64 findings are made, an order for reimbursement under § 256.87 wrongly erodes the finality of the dissolution judgment and cannot properly be granted by the court without a full hearing of the kind required under § 518.-64. Appellant misconstrues the nature of a § 256.87 motion for reimbursement.

Section 256.87 has been identified as a cause of action totally separate from child support orders, available to the county for the purpose of recovering a portion of past assistance granted. County of Anoka v. Richards, 345 N.W.2d 263, 266-67 (Minn.Ct.App.1984); see Maskrey v. Maskrey, 380 N.W.2d 598, 601 (Minn.Ct.App.1986). An order for reimbursement under § 256.87 is an additional remedy available to the county if it has advanced public assistance for a child, and it is not a modification of a child support award under § 518. Isanti County v. Formhals, 358 N.W.2d 703, 705 (Minn.Ct.App.1984). The court is authorized by statute to grant a motion for ongoing reimbursement upon motion by the county and evaluation of the requisite factors. Clearly, the court had jurisdiction to order reimbursement pursuant to § 256.87 and was in no way barred from doing so by the existence of a final dissolution judgment and decree.

II.

Appellant next argues that the trial court erred by increasing the amount of reimbursement to the county because, as a modification of a child support order, it was unsupported by consideration of the requisite statutory factors. This argument arises from the inclusion of the reimbursement order in the dissolution judgment and decree. Because temporary reimbursement to the county was ordered as part of the dissolution decree, the later order setting reimbursement is viewed by appellant as a modification of the decree. It follows from this view that modification findings were necessary and are lacking.

However, as stated previously, a motion for reimbursement of AFDC payments under § 256.87 is separate and distinct from an order for support within a dissolution proceeding. Since an order for child support and an order for reimbursement are two totally separate matters, the original order for reimbursement should not have been made a part of the decree. Indeed, the county was not a party to the dissolution proceeding, but only to the reimbursement action. It is clear from the decree, however, that the provision for reimbursement was only temporary pending a later hearing on the county’s motion. The order setting reimbursement at $400 was not a part of the decree, but was issued nine months later. In addition, appellant appeals not from the dissolution decree, but only from the subsequent order for reimbursement.

Appellant is correct that a modification of child support must be accompanied by findings relative to § 518.64, subd. 2. Moylan v. Moylan, 384 N.W.2d 859, 864-65 (Minn.1986). However, having established that an order for reimbursement under § 256.87 is entirely separate from a modification of child support, it is obvious that Moylan findings were not necessary in this case. This court has previously held that an order entered pursuant to § 256.87 does not modify the child support provisions of a dissolution decree and is not governed by § 518.64, subd. 2. Hennepin County v. [875]*875Geshick, 387 N.W.2d 439, 441 (Minn.Ct.App.1986); Formhals, 358 N.W.2d at 705; Richards, 345 N.W.2d at 266.

As stated in Geshick:

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State, County of Clay Ex Rel. Hendrickson v. Hendrickson
403 N.W.2d 872 (Court of Appeals of Minnesota, 1987)

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Bluebook (online)
403 N.W.2d 872, 1987 Minn. App. LEXIS 4252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-county-of-clay-ex-rel-hendrickson-v-hendrickson-minnctapp-1987.