State Ex Rel. Region VIII North Welfare Ex Rel. Evans v. Evans

402 N.W.2d 158, 1987 Minn. App. LEXIS 4129
CourtCourt of Appeals of Minnesota
DecidedMarch 10, 1987
DocketC2-86-1406
StatusPublished
Cited by10 cases

This text of 402 N.W.2d 158 (State Ex Rel. Region VIII North Welfare Ex Rel. Evans v. Evans) 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 Ex Rel. Region VIII North Welfare Ex Rel. Evans v. Evans, 402 N.W.2d 158, 1987 Minn. App. LEXIS 4129 (Mich. Ct. App. 1987).

Opinions

OPINION

FORSBERG, Judge.

By summons and complaint dated August 2, 1985, appellant sought to recoup [160]*160from respondent payments made to Shirley Evans as Aid to Families with Dependent Children (AFDC). Appellant also sought an order for ongoing child support from respondent. The trial court denied appellant’s request for past reimbursement of AFDC payments and set child support to be paid by respondent in the amount of $450 per month. We affirm.

FACTS

On October 29, 1979, Shirley Evans and respondent Edward Evans were granted a dissolution of marriage. The custody of their six children was split between them, with respondent awarded custody of four of the children and his wife awarded custody of the other two. It was agreed by way of stipulation that no child support would be paid by or to either party. The dissolution decree stated: “That neither the petitioner nor the respondent is awarded any support from the other party for the minor children in their custody. That the court finds that there is not sufficient funds with which to order any support payments.”

Shirley Evans has received public assistance for the benefit of the children in her custody since 1979. For approximately two years preceding this action, Ms. Evans received $528 a month from Region VIII North Welfare, or a total of $12,836.

Respondent is employed full-time as an Art Professor at Southwest State University. He has been employed by the University for 16 years. His gross yearly salary from this position is currently $40,000. Respondent also works as a free lance artist, with the $1000-$2500 earned from that venture approximately equaling expenses. According to the financial statement submitted to the court, respondent is currently paying mortgages on three properties, his personal residence, his ex-wife’s residence, and a rental property. The mortgage on his $46,000 home is $46,000, for his ex-wife’s $60,000 home he owes $2,000, and for the $30,000 rental he owes $27,000. The income from the rental property approximately equals the expenses of the upkeep of that property. Respondent currently supports his second wife, and three of the children in his custody, and provides partial support for a fourth child. In addition, respondent has a total of approximately $30,000 in unpaid debts, on which he pays $1,000 per month.

Appellant County brought this action under Minn.Stat. § 256.87, subd. 1 (1984) to recoup from respondent welfare payments made to Shirley Evans. The County sought reimbursement of $12,336 paid to Ms. Evans during the statutory two-year time period. Appellant also sought an order from the court determining child support payments to be paid by respondent.

The trial court denied appellant’s request for past reimbursement, finding that respondent had no reasonable ability to pay AFDC payments totaling $12,336. Upon review of the respondent’s income and the Minnesota child support guidelines, the trial court did, however, grant appellant’s request to order respondent to begin making child support payments in the amount of $450 per month.

The County appeals from the denial of its request for reimbursement and seeks an award of costs and disbursements. Respondent seeks reversal of the judgment determining child support.

ISSUES

1. Did the trial court err in denying appellant’s request for reimbursement of welfare payments pursuant to Minn.Stat. § 256.87, subd. 1?

2. Did the trial court err in setting child support payments in the amount of $450 per month?

3. Did the trial court err by not awarding appellant costs and disbursements?

ANALYSIS

I.

Appellant assigns as error the trial court’s failure to order respondent to reimburse the County pursuant to Minn.Stat. § 256.87, subd. 1. Appellant argues that the statutory imposition of liability under [161]*161§ 256.87 is mandatory, and that the only discretionary action was in determining the amount respondent was reasonably able to pay.

Minn.Stat. § 256.87, subd. 1 (Supp.1985) provides, in part, as follows:

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. The parent’s liability is limited to the amount of assistance furnished during the two years immediately preceding the commencement of the action, * * *.

(Emphasis supplied.) The conclusory language of this provision does not strip the court of all discretion in this matter. Case law interpretations of this section establish the discretionary nature of the cause of action and the granting of relief. In In Re the Marriage of Maskrey v. Maskrey, 380 N.W.2d 598 (Minn.Ct.App.1986), this court stated that § 256.87 “allows the county * * to 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.” Id. at 601. See also County of Lake v. Hungerford, 356 N.W.2d 405, 406 (Minn.Ct.App.1984). The language of the statute permits the county to bring the action but it remains within the court’s discretion to determine whether to order reimbursement and how much reimbursement to order. Reimbursement is governed by two standards: 1) the parent’s ability to pay, and 2) the amount of assistance furnished to and for the benefit of the child. Minn.Stat. § 256.87, subd. 1; Hennepin County v. Geshick, 387 N.W.2d 439, 441 (Minn.Ct.App.1986).

In this case, the trial court found that respondent’s gross income of $41,000 approximately equaled his expenses, and that he had no savings with which to pay back the $12,336 in AFDC payments expended by the County. The court correctly assessed the two relevant factors — ability to pay and amount owed — in arriving at a determination that respondent was not reasonably able to pay back the amount requested as reimbursement. Under the facts of this case the court’s determination was not unreasonable nor is it contrary to the intention of the statute which is to avoid public responsibility for support of a child if the parent is able to pay. See County of Anoka v. Richards, 345 N.W.2d 263, 267 (Minn.Ct.App.1984).

II.

Respondent argues that the trial court abused its discretion in ordering him to pay $450 a month in child support because this was a modification of a child support order made without consideration of the appropriate factors and without the required findings. Appellant characterizes the trial court’s order in this case as one for ongoing reimbursement under § 256.87, subd. la, in which case the standards governing modification do not apply. Minn. Stat. § 256.87, subd. la states:

In addition to granting the county or state agency a money judgment, the court may, upon a motion or order to show cause, order continuing support contributions by a parent found able to reimburse the county or state agency.

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State Ex Rel. Region VIII North Welfare Ex Rel. Evans v. Evans
402 N.W.2d 158 (Court of Appeals of Minnesota, 1987)

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Bluebook (online)
402 N.W.2d 158, 1987 Minn. App. LEXIS 4129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-region-viii-north-welfare-ex-rel-evans-v-evans-minnctapp-1987.