State v. Nelson

671 N.W.2d 586, 2003 Minn. App. LEXIS 1385, 2003 WL 22706912
CourtCourt of Appeals of Minnesota
DecidedNovember 18, 2003
DocketC4-03-229
StatusPublished
Cited by4 cases

This text of 671 N.W.2d 586 (State v. Nelson) 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 v. Nelson, 671 N.W.2d 586, 2003 Minn. App. LEXIS 1385, 2003 WL 22706912 (Mich. Ct. App. 2003).

Opinion

*588 OPINION

TOUSSAINT, Chief Judge.

On appeal from his conviction of criminal nonsupport of a child, appellant argues that Minn.Stat. § 609.375, subd. 2b requires the state to attempt to obtain a contempt order against an obligor for failure to pay child support during the time period specified in the complaint. Because the district court erred in concluding that contempt orders obtained for failure to pay during unrelated time periods satisfied the statutory prerequisite, but the statute does not apply to four of the five counts, we affirm in part and reverse in part.

FACTS

Following the dissolution of appellant Larry Nelson’s marriage, the district court ordered him to pay $739 per month in child support and child-care reimbursement for his two children. Subsequently, the court modified Nelson’s obligation multiple times to reflect changes in circumstances and cost-of-living adjustments.

In December 1995, the district court found Nelson in civil contempt for failure to divulge information on his current income and assets. The court ordered Nelson to remain in custody until he paid $2,000 toward his arrearages, disclosed information regarding his income and assets, and worked out a payment agreement for his child-support arrearages. In May 1996, the court released Nelson after finding that incarceration would not induce him to comply with the court’s order and that continued incarceration would be in violation of his due-process rights.

Nelson made partial child-support payments from August 1996 through February 1997, but stopped making payments when he quit his job. As of October 1997, Nelson’s child-support and child-care ar-rearages totaled $17,671.

In January 1998, the district court found Nelson in civil contempt for consciously and willfully failing to pay child support despite having the ability to do so. The district court stayed Nelson’s jail sentence, provided that Nelson complied with several purge conditions, including the requirement that he remain current in his child-support, child-care, and arrearage obligations. As of February 1998, Nelson’s child-support and child-care arrearages totaled $19,985.

In April 1998, the district court found Nelson in civil contempt once again, for failing to pay his child-support obligation and for failing to comply with the district court’s order. Nelson was incarcerated. In June 1998, the district court denied Nelson’s motion for release because he had not complied with the purging conditions of the district court’s order. Nelson’s appeal to this court was dismissed, and the Minnesota Supreme Court denied further review. At a contempt-review hearing in September 1998, however, the district court released Nelson, finding that he was unresponsive to the coercive aspects of incarceration.

From January 1998 to August 2001, only four payments, all involuntary, were made toward Nelson’s child-support obligation. In January 2002, the state charged Nelson with one count of felony nonsupport of a child, in violation of Minn.Stat. § 609.375, subd. 2a (2000 & Supp.2001). The complaint alleged that except for the four payments, Nelson did not pay child support between January 1, 1998 and January 24, 2002. In May 2002, the state filed an amended complaint, charging Nelson under the same statute with five counts of felony nonsupport of a child. The complaint charged that Nelson failed to pay child support during five 180-day periods: January 24 through December 31, 1999; January 1 through June 30, 2000; July 1 *589 through December 31, 2000; January 1 through June 30, 2001; and July 1, 2001 through January 24, 2002.

On the morning of Nelson’s October 2002 trial, Nelson brought a motion to dismiss the amended complaint because the state had not first attempted to obtain a court order finding Nelson in contempt for nonpayment during each of the five different time periods set forth in the complaint. The district1 court denied Nelson’s motion, reasoning that the statute did not contain a time limitation regarding when the state must attempt to obtain a contempt order, and that sufficient probable cause existed because the attempt requirement had been satisfied by the previous contempt orders. The district court found Nelson guilty on all five counts of criminal nonsupport following a stipulated-facts trial. This appeal followed.

ISSUE

As a prerequisite to prosecution of an obligor for criminal nonsupport of a child, does Minn.Stat. ■§ 609.375, subd. 2b require that the state attempt to obtain a contempt order for failure to pay support during the same time period specified in the criminal complaint?

ANALYSIS

Whether a statute has been properly construed is a question of law subject to de novo review. State v. Murphy, 545 N.W.2d 909, 914 (Minn.1996). The fundamental rule of statutory construction is to look first to the specific statutory language and be guided by its natural and most obvious meaning. State v. Edwards, 589 N.W.2d 807, 810 (Minn. App.1999), review denied (Minn. May 18, 1999). But when a statute is reasonably susceptible to more than one meaning, it is ambiguous and subject to statutory construction. Westchester Fire Ins. Co. v. Hasbargen, 632 N.W.2d 754, 756 (Minn.App.2001). The object of all statutory interpretation is to ascertain and effectuate legislative intent. Minn.Stat. § 645.16 (2002); In re Welfare of C.R.M., 611 N.W.2d 802, 805 (Minn.2000).

The state may not charge a person with criminal nonsupport of a child “unless there has been an attempt to obtain a court order holding the person in contempt for failing to pay support or maintenance under chapter 518.” Minn.Stat. § 609.375, subd. 2b (2002). Nelson concedes that the state obtained at least two contempt orders before filing the criminal complaint against him for nonsupport. But, because the periods of failure to pay covered by the contempt orders did not match the times specified in the complaint, Nelson argues that subdivision 2b’s contempt-order requirement was not satisfied.

As a preliminary matter, subdivision 2b was not effective until August 1, 2001. 2001 Minn. Laws ch. 158, §§ 10, 13. Because the first four of the five counts against Nelson are for crimes entirely committed before that date, the contempt-order requirement does not apply to them. The fifth count, covering July 1, 2001 through January 24, 2002, was based on conduct occurring, at least in part, on and after August 1, 2001. Therefore, only the fifth count is subject to the contempt-order requirement. See State v. Robinson, 480 N.W.2d 644, 645 (Minn.1992) (holding defendant is subject to amended criminal statute if his criminal acts occurred at least in part after effective date of statute).

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842 N.W.2d 433 (Supreme Court of Minnesota, 2014)
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Bluebook (online)
671 N.W.2d 586, 2003 Minn. App. LEXIS 1385, 2003 WL 22706912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nelson-minnctapp-2003.