Trent v. Beckenbach, 27-FA-230621.

Decision Date04 August 2008
Docket NumberNo. 27-FA-230621.,27-FA-230621.
PartiesNikole L. Trent n/k/a Nikole L. Cody Petitioner, v. Jeffrey A. Beckenbach, Respondent.
CourtMinnesota District Court

The above-entitled matter came before the undersigned District Court Judge based upon Petitioner's Motion for Review of the Child Support Magistrate's Order dated August 4, 2008. A hearing was not held regarding this motion. Responsive papers were filed. A transcript of the underlying proceedings was not filed.

All appearances were based upon the written submissions in the court file.

Based upon all the files, records and proceedings herein, the Court being duly advised, makes the following:

FINDINGS OF FACT

0. Jeffrey A. Beckenbach ("Respondent") did not file a timely Motion for Review and the Court lacks jurisdiction to hear this motion. In order to request a review of the decision and Order dated August 4, 2008, the Motion for Review must be served upon the other parties including the county attorney's office and filed with the Court Administrator by August 29, 2008.

1. Respondent filed his Motion for Review to the Child Support Magistrate on September 11, 1008. Affidavit of Service By Mail, September 11, 2008. However, this affidavit did not constitute proper service.1

2. Defendant objects to Findings of Fact 19, 20, 21, 22, 23, 24, 32, and 34; Conclusion of Law paragraph 5 of the August 4, 2008 Order. Specifically, Petitioner challenges the Child Support Magistrate's computation of Petitioner's net monthly income.

3. The Court has made an independent thorough review of the complete file and record in this matter and of the Findings of Fact, Conclusions of Law, and Order for which Petitioner's motion requests specific changes and finds there is no evidence to support amendment of the decision and order.

4. The file and records supports the Child Support Magistrate's Findings of Fact, Conclusions of Law, and Order in this case.

5. The issue before the Child Support Magistrate Judge was whether the parties' support obligations should be modified and whether the issue of Respondent's payment of his on-half of the joint minor child's extra-ordinary unreimbursed medical and dental expenses should be reserved until Plaintiff provides documentation verifying the necessity of incurring the extra-ordinary expenses.

6. By Order dated August 16, 1996, the parties were granted joint legal and joint physical custody of the joint minor child with each party having the joint minor child 50% of the time according to a specific schedule.

7. By Order dated July 7, 1997, Respondent was required to reimburse the State of Minnesota for past public assistance expenditures set at $2,888, Respondent's past support due to Plaintiff was set at $300, Defendant's basic support was set at $287 per month, Respondent's child care support was set at $117 per month, Respondent's medical support was set at $50 per month, and Plaintiff was to pay 50% and Respondent was to pay 50% of the joint minor child's unreimbursed medical and dental expenses.

8. Respondent's basic support was set consistent with the former statutory child support guidelines and his net income without any cross-award of support due to the joint physical custody of the joint minor child and his child care support and medical support were set consistent with the former statutory formulas.

9. Thereafter, pursuant to cost of living adjustments, Respondent's basic support has been increased to $370 per month. Respondent no longer has child care support but he still has medical support of $50 per month resulting in support obligation totaling $420 per month.

10. Respondent has reimbursement/past support/arrearages totaling $ 3,329.87, of which $2,950.66 are owed to the State of Minnesota and of which $379.21 are owed to Plaintiff.

11. Respondent claims that the Child Support Magistrate is incorrect in concluding that there has been a substantial change in circumstances that makes the prior support order...

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