Motion for Child Support in State of Minnesota/County of Jackson, Angela Lynn May vs John Arland Kirst| Trellis.Law

On June 19, 2015 a Family Matters was filed for Paternity in the District Court of Jackson County.

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32-FA-15-34
Filed in District Court
State of Minnesota
1/25/2021 5:54 PM

STATE OF HINNIBOTA DISTRICT COURT
COUNTY OF JACKSON Fifth JUDICIAL DISTRICT
Case Type: 14 Other Civil Support

FIHDINGS OF FACT. CONCLUSIONS OF LAW
AND ORDER MODIFYING CHILD SUPPORT
State of Minnesota/County of Jackson
Angela Lynn May
Petitioner(s) Court File Ho(s).: 32-FA~15~34
VS IV-D Case Nb. 001109733908
John Arland Kirst
Respondent(s)

This matter came before the undersigned judicial officer on 01/5/2021 at
Jackson County, Minnesota for default without hearing.
* The Child Support Guidelines Worksheet is attached hereto and
incorporated herein by reference.

Based upon the records and files herein, the court makes the following:
FINDINGS OF FACT
1. The name(s), addresstes}, and date{s) of birth is/are as follows:
* John Arland Kirst
* 1452 5th Ave
Windom, MN 56101—1430
* Date of Birth: 07/22/1979
* Angela Lynn May
* 1411 3rd Ave
Heron Lake, MN 56137-1401
* Date of Birth: 07/21/1980
2. The Social Security numbers incorporated herein are listed on the
Confidential Information Form on file with the court.
3. This is a motion to modify Child Support under Minnesota Statutes,
section 518A.39.
4. The parties were properly served with DVHHS's Motion as follows:
* John Arland Kirst was served by 0.5. mail.

IV—D Case NO: 001109733908 F003800018
Doc ID: 063C30030000001920
32-FA-15-34
Filed in District Court
State of Minnesota
1/25/2021 5:54 PM

5. John Arland Kirst was served with the Motion and Supporting Affidavit
on 12/08/2020.
* John Arland Kirst did not respond.
6. Angela Lynn May was served with the Motion and Supporting Affidavit on
12/08/2020.
* Angela Lynn May did not respond.
7. John Arland Kirst is not an active member of the Armed Services of the
United States.

8. Angela Lynn May is not an active member of the Armed Services of the
United States.

9. John Arland Kirst and Angela Lynn May are the parents of the following
joint child(ren}:
Violet G. May DOB 01/29/2015
10. The above-named joint chi1d(ren) reside with Angela Lynn.May.
11. In the Order from Jackson County, State of Minnesota, Court File NUmber
32-EA-15-34 dated 11/13/2015:
* Angela Lynn May received physical custody of the joint child(ren).
* John A. Kirst's parenting time was reserved.
12. Support was addressed in the prior order dated 03/17/2017 as follows:
* John Arland Kirst's ongoing Basic Support was set at $352.00 per
month.
* John Arland Kirst's ongoing Basic Support was set and has been
increased to $368.00 per month due to oost-of-living adjustments
(COLA).
* Medical Support was ordered as follows: $25.00 per month for any
month that Medical Assistance or MinnesotaCare is in place. The
parties were to split uninsured and/or unreimbursed expenses as
follows; John A. Kirst 49%, Angela L. May 51%.

* John Arland Kirst's ongoing Child Care Support was set at $0.00 per
month.

IV-D Case NO: 001109733908 2 F003800018
DOC ID: 063CSOO30000001920
32-FA-15-34
Filed in District Court
State of Minnesota
1/25/2021 5:54 PM

13. At the time of the prior order, Angela Lynn May received public
assistance in the form of:
* Medical Assistance
14. At the time of the prior order, Jbhn Arland Kirst's expenses were
unknown.

15. At the time of the prior order, Angela Lynn May's expenses were
unknown.

16. John Arland Kirst's total monthly household expenses are unknown.

17. Angela Lynn May's total monthly household expenses are unknown.

18. John Arland Kirst is:
*
unemployed
19. Jehn Arland Kirst is considered voluntarily unemployed, underemployed
or employed at less than a full time basis because he is able bodied
and available to work full time.
20. Pursuant to Minnesota Statutes, section 518A.32, John Arland Kirst's
potential monthly income is $1309.00 as determined by:
* 100% of minimum wage, 30 hours per week.

21. John Arland Kirst has an ordered obligation to support the following
nonjoint child(ren) who reside(s) in a household other than John Arland
Kirst's:
Justine A. Kirst/DOB: 09/10/2006
John A. Kirst/DOB: 06/19/2008
Bobby K. Kirst/DOB: 06/21/2010
Kristina A. Kirst/Dos: 11/10/2011
22. John Arland Kirst has Child Support obligation(s) ordered in the amount
of $685.00 per month for nonjoint ohild£ren). as follows:
* Basic Support in the amount of $685.00 per month.

23. At the time of the prior order, John Arland Kirst's gross income was
$1949.00 per month.

24. John Arland Kirst's monthly gross income as calculated under Minnesota
Statutes, section 518A.29 is $624.00.

IV-D Case Nb: 001109733908 3 F003800018
DOC ID: 063CSOO30000001920
32-FA-15-34
Filed in District Court
State of Minnesota
1/25/2021 5:54 PM

25. Angela Lynn May receives:
* Medical Assistance
26. Angela Lynn May's last known employer is:
Clerc Enterprises
1920 Knollwood Dr
Pairmont, MN 56031—2304

27. Angela Lynn May's monthly income received is $2728.00. Said income was
determined by:
* Hourly wage of $15.75 per hour, based on 40 hours per week.
28. Angela Lynn May has a legal obligation to support the following
nonjoint child(ren) who reside(s} in Angela Lynn May's household:
Unity I. May/DOB: 05/25/2007
Teah R. May/DOB: 01/21/2003
29. At the time of the prior order, Angela Lynn May's gross income was
$2477.00 per month.

30. Angela Lynn May's monthly gross income as calculated under Minnesota
Statutes, section 518A.29 is $2260.00.
31. John Arland Kirst's Parental Income for Determining Child Support
(PICS) is $624.00 and Angela Lynn May's Parental Income for Determining
Child Support (PICS) is $2260.00 as calculated on the Child Support
Guideline Worksheet attached hereto. The parties' combined PICS is
$2884.00. John Arland Kirst's percentage share of the parties' combined
PICS is 22% and Angela Lynn May’s percentage share is 78%.

32. The Basic Support obligation reflects no parenting time for John Arland
Kirst because there is no measurable court ordered parenting time.
33' John Arland Kirst's Basic Support obligation according to the Minnesota
Child Support Guidelines is $130.00.
34. John Arland Kirst does not have health care coverage for the joint
child{ren) available through an employer or group plan.
35. John Arland Kirst does not have dental coverage available for the joint
chi1d(ren) through an employer or group plan.
36. Angela Lynn May does not have health care coverage for the joint
child(ren) available through an employer or group plan.

IV-D Case NO: 001109733908 4 F003800018
Doc ID: 063C30030000001920
32-FA-15-34
Filed in District Court
State of Minnesota
1/25/2021 5:54 PM

37. Angela Lynn May does not have dental coverage for the joint child(ren)
available through an employer or group plan.
38. The joint child(ren) is/are recipient(s) of public coverage in the form
of Medical Assistance, and Angela Lynn May pays $0.00 per month towards
the cost of the public coverage.
39. John Arland Kirst's Medical Support obligation should be $0.00 per
month, after applying John Arland Kirst's income to the MinnesotaCare
premium table, as the joint childtren) are on public coverage and there
is no appropriate health care coverage available.
40. Based upon each party's percentage share of combined PICS as set out in
the Child Support Guideline Worksheets:
* John Arland Kirst's share of the uninsured and/or unreimbursed
medical expenses is 22%.
* Angela share of the uninsured unreimbursed medical
Lynn May's and/or
expenses is 78%.

41. Angela Lynn May has no work or education related child care expenses
for the joint child(ren).
42. Pursuant to Minnesota Statutes, section 518A.42, John Arland Kirst's
monthly gross income meets the minimum Basic Support requirements, and
those amounts are:

* Basic Support - minimum support —
1 or 2 child(ren) $50.00
43. There has been a substantial change in circumstances making the terms
of the prior order unreasonable and unfair.
44. The prior order should be modified as one of the circumstances, set out
below, meets the requirements of Minnesota Statutes, section 518A.39.
*
Substantially increased or decreased gross income of the obligor or
obligee.
* The total current Child Support amount is at least 20% and $75 per
month, higher or lower, than the prior order.

Based on the Findings of Fact herein, the Court makes the following:
CONCLUSIONS or LAN

1. Jurisdiction in this matter is obtained pursuant to Minnesota Statutes,
section 484.702 and Minnesota Statutes, section 518C.205.

IV-D Case NO: 001109733908 5 F003800018
Doc ID: 063CSOO30000001920
32-FA-15-34
Filed in District Court
State of Minnesota
1/25/2021 5:54 PM

2. There has been a substantial change in circumstances which renders the
existing order unreasonable and unfair.
3. In consideration of the factors set out in Minnesota Statutes, section
518A.34, including a rebuttable presumption that the guidelines shall
be applied, John Arland Kirst has the ability to pay the amount of
support as ordered below.
Based upon the foregoing Findings of Fact and Conclusions of Law, the Court
makes the following:
ORDER

1. Beginning 01/01/2021, and continuing each month thereafter, John Arland
Kirst shall pay:
* $50.00 per month as Basic
ongoing Support.
* $0.00 per month as ongoing Medical Support for the joint child(ren),
for any month that Medical Assistance is in place. For any month that
Medical Assistance is not in place, the ongoing Medical Support
obligation for the joint child(ren) is $0.00 and John.Ar1and Kirst
must pay 19% of the joint child(ren)'s uninsured and/or unreimbursed
medical expenses.
* $0.00 per month for John Arland Kirst's joint child(ren)'s ongoing
Child Care Support.
* The total monthly payment is $50.00
2. Health care and/or dental coverage and uninsured and/or unreimbursed
medical expenses are ordered as follows:
* Uninsured and/or unreimbursed medical shall be
expenses apportioned
according to each party's proportionate income. John Atland Kirst
shall pay 19% and Angela Lynn May shall pay 81% of the joint
child(ren)'s uninsured and/or unreimbursed medical expenses.
To recover these costs, the requesting party must follow the
procedures as set out in Minnesota Statutes, section 518A.41,
subdivision 1? and 518A.41, subdivision 18.
* The above amounts owed John Arland Kirst considered additional
by are
Child Support for the purpose of enforcement and are subject to
automatic income withholding.

IV-D Case NO: 001109733908 6 F003800018
Doc ID: 063C30030000001920
32-FA-15-34
Filed in District Court
State of Minnesota
1/25/2021 5:54 PM

The Child Support payments shall continue until (all) the joint
child(ren) covered by the Order reaohtes) the age of 18, or age 20 if
still in secondary school; or until the joint childtren) covered by the
Order become emancipated or die(s); or until further order of the
court.

4O All payments ordered shall be immediately withheld by John Arland
Kirst's present and future employer(s) or other payor(s) of funds in
accordance with Minnesota Statutes, section 513A.53.
until or unless income withholding is in effect for John Arland Kirst,
all payments should be made to the MN Child Support Payment Center
(CSPC). Payments can be made to CSPC either online using Minnesota
Child Support Online (MCSO) at www.childsupport.dhs.state.mn.us or
mailed to:

MN Child Support Payment Center
P.0. Box 64326
St. Paul, MN 55164-0326
If support payments are not paid when due, John Arland Kirst's
employer(s) or payor(s) of funds shall withhold from his/her income, an
additional amount of 20% of the ongoing Child Support until the
arrearages are paid in accordance with Minnesota Statutes, section
518A.53.

Appendix A and COLA
* The attached Appendix A is incorporated and made a part of this
Order. The Cost of Living Adjustment (COLA) shall be determined by
using the U.S. Department of Labor, Bureau of Labor Statistics,
Consumer Price Index (CPI), Minneapolis/St. Paul, for all urban
consumers (CPI—U). The Cost of Living Adjustment shall be based on
the Child Support amount prior to offset.
All written correspondence should be submitted to the County Child
Support Office at:
Dvhhs Jackson
Child Support Services
407 Fifth St, Po Box 67
Jackson MN 56143-0067
The parties must notify the County Child Support Office of a change of
address, residence, employment, or health care coverage within ten (10)
days of the change. Any later actions brought or notices sent in this
case that do not require personal service may be sent to the last known
address provided by the parties to the County.

IV-D Case No: 001109733903 7 F003800018
DOC ID: 063CSOO30000001920
32-FA-15-34
Filed in District Court
State of Minnesota
1/25/2021 5:54 PM

10. The parties are placed on notice that in accordance with Minnesota
Statutes, section 518A.41, that upon hiring, the parties must notify
the employer of his or her court ordered Child Support obligation(s),
if any, and to obtain health care and/or dental coverage as ordered. If
a party changes employment, the public authority's notice to the new
employer shall enroll the joint child(ren) under the health care and/or
dental coverage program of the new employer, unless the party contests
the enrollment.
11. Even if John Arland Kirst makes the installment payments required by
this Order, the State may use the state and federal tax refund
intercept process to collect support arrears and other debts created by
this Order.
12. John Arland Kirst is placed on notice that in accordance with Minnesota
Statutes, section 518A.66, if he or she is licensed by an occupational
licensing board or state agency issuing occupational licenses, and if
he or she is in arrears in an amount equal to or greater than three
times his or her total monthly support payment, and has not executed
and complied with a written payment agreement, the Child Support Office
shall direct or the court shall order the licensing board or state
agency to suspend John Arland Kirst's license.
13. John Arland Kirst is placed on notice that in accordance with Minnesota
Statutes, section 518A.65, if he or she has a driver's license, and if
he or she is in arrears in an amount equal to or greater than three
times John Arlend Kirst's total monthly support payment, the court
shall order the Commissioner of Public Safety to suspend John Arland
Kirst's driver's license or operating privileges unless the court
determines that he or she has executed and is in compliance with a
written payment agreement.
14. Except as modified by this order, the terms of all prior orders remain
in full force and effect.
15. Service of a copy of the final order may be made upon John Arland Kirst
or upon John Arland Kirst's attorney in accordance with Minnesota Court
Rules.
16. Service of a copy of the final order may be made upon Angela Lynn May
or upon Angela Lynn May's attorney in.accordance with Minnesota Court
Rules.

IT IS SO ORDERED

Dated: 01/25/2021

Child Support Magistrate

IV—D Case NO: 001109733908 8 F003800018
DOC ID: 063C30030000001920
32-FA-15-34
Filed in District Court
State of Minnesota
1/25/2021 5:54 PM

I have reviewed and agreed to t attached Findings of Fact, Conclusions of
Law, and Order Modifying Child Support.

OHM/Q93!
Date
mThomas
(QJH
J.m§rocﬁazi'
County Attorney
Registration No. 393348
Jackson County Attorney Office
Jackson County Courthouse
405 4th St Ste 2d
Jackson, MN 56143-1588
(507) 847—2850
atty.efile®co.jackscn.mn.us
Email for eriling purposes only

IV—D Case NO: 001109733908 9 F003300018
DOC ID: 063CSOO30000001920
32-FA-15-34
Filed in District Court
State of Minnesota
1/25/2021 5:54 PM

”mm A
MIC! 18 mar own 70 THE PARTIES:
I. PAYIIIIITB To PUBLIC manor. According to Minnesota Statutes. section 518A.50, payments ordered for
maintenance and support must be paid to the Minnesota child support payment center as long as the person
entitled to receive the payments is receiving or has applied for public assistance or has applied for
support and maintenance collection services. Parents mail payments to: 9.0. Box 64326, St. Paul, MN
55164-0326. haployers mail payments to: P.O. Box 64306, St. Paul. MN 55164.

11. DIPIIVIIG mm 0" customize. 01!.PARENTAL RIGHTS ..1 mm. A person may be charged with a
felony who conceals a minor child or takes. obtains, retains. or fails to return a minor child from or to
the child's parent {or person with custodial or parenting time rights) . according to Minnesota Statutes,
section 609.26. a copy of that section is available from any court administrator.

In. WMT or a amen on CHILD - CRIMINAL PMTIES. A person who fails to pay court«ordered
child support or maintenance may be charged with a crime, which may include misdemeanor, gross
misdemeanor, or felony charges. according to Minnesota Statutes, section 609.375. A copy of that section
is available from any district court clerk.

IV. RBI-Es O! SUPPORT. names. PARENTING rm.
1. Payment of support or spousal maintenance is to be as ordered, and the giving of gifts or making
purchases of food, clothing, and the like will not fulfill the obligation.
B. Payment of support met be made as it becomes due, and failure to secure or denial of parenting time
is NOT an excuse for nonpayment, but the aggrieved party must seek relief through a proper motion
filed with the court.
C. Nonpayment of support is not grounds to deny parenting time. The party entitled to receive support may
apply for support and collection services, file a contempt motion. or obtain a judgment as provided in
Minnesota Statutes, section 548.091.
D. The payment of support or spousal maintenance takes priority over payment of debts and other
obligations.
E. a party who accepts additional obligations of support does so with the full knowledge of the party's
prior obligation under this proceeding.
1'. child support or maintenance is based on annual income. and it is the responsibility of a person with
seasonal employment to budget income so that payments are made throughout the year as ordered.
(3. A Parental Guide to Making Child-Focused Parenting-Time Decisions is available from any court
administrator .
H. The nonpayment of support may be enforced through the denial of student grants; interception of state
and federal tax. refunds: suspension of driver's, recreational, and occupational licenses.- reterral to
the department of revenue or private collection agencies; seizure of assets. including bank. accounts
and other assets held by financial institutions; reporting to credit bureaus; interest charging.
income withholding, and contempt proceedings; and other enforcement methods allowed by law.
I. The public authority may suspend or resume collection of the amount allocated for child care
expenses if the conditions of Minnesota statutes, section 5133.40. subdivision 4. are met.
J. The public authority may remove or resume a medical support offset if conditions of section
5181.41. subdivision 16. are met.
It. The public authority may suspend or reswne interest charging on child support judgments if the
conditions of section 543.091. subdivision la, are met.

V. HODIHIIIB CHILD SUPPORT. If either the ohligor or obliges is laid off from employment or receives a
pay reduction, child support may be modified, increased, or decreased. Any modification will only take
effect when it is ordered by the court, and will only relate back to the time that a motion is filed.
Either the obligor or obliges may file a motion to modify child support, and may request the public agency
for help. UNTIL A MOTION IS FILED, THE CHILD SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE
COURT IS NOT PERMITTED TO REDUCE SUPPORT RETROACTIVELY.

VI. PM“ RIMS PM more STATUTES, semen 518.1'J', SUBDIVISIW 3.
UNLESS OTHERWISE PROVID- BY THE COURT:
A. Each party has the right of access to, and to receive copies of, school, medical. dental, religious
training. police reports, and other important records and information about the minor children. Each
32-FA-15-34
Filed in District Court
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1/25/2021 5:54 PM

party has the right of access to information regarding health or dental insurance available to the
minor children. Presentation of a copy of this order to the custodian of a record or other
information about the minor children constitutes sufﬁcient authorization for the release of the
record or information to the requesting party.
3. Each party has the right to he informed by the other party as to the name and address of the school
of attendance of the minor children. Each party has the right to he informed by school officials
about the children's welfare, educational progress and status. and to attend school and parent
teacher conferences. The school is not required to hold a separate conference for each party.
C. Each party has the right to be notified by the other party of an accident or serious illness of a
minor child, including the name of the health care provider and the place of treatment.
D. Each party has the right to be notified by the other party it the minor child is the victim of an
alleged crime. including the name of the investigating law enforcement officer or agency. There is
no duty to notify if the party to be notified is the alleged perpetrator.
B. Each party has the right of reasonable access and telephone contact with the minor children.

VII. use no 1m 0? SUP“)!!! m nan-rm. Child support and/or spousal maintenance
may be withheld from income, with or without notice to the person obligated to pay, when the conditions of
Minnesota Statutes, section 518A.53, have been met. A copy of that section is available from any court
administrator.

VIII. came OF ADDRESS OR RESIDERCE. Unless otherwise ordered, each party shall notify the other
party, the court, and the public authority responsible for collection. if applicable, of the following
information within ten days of any change: residential and mailing address, telephone number. driver‘s
license mmber, social security lumber. and name. address, and telephone number of the employer.

II. 0081' or 5mm meanest 01' SUPPORT AND W. Basic support and/or spousal maintenance may
be adjusted every two years based upon a change in the cost of living (using the 1.1.3.Department of Labor,
Bureau of Labor Statistics, consumer price index Mpls- St. Paul, for all urban consumers (CPIsU) , unless
otherwise specified in this order) when the conditions of Minnesota Statutes, section 51811.15, are met.
cost of living increases are compounded. A copy of Minnesota Statutes, section 5188.75, and forms
necessary to request or contest a cost of living increase are available from any court administrator.

1. atoms m UNPAID SUPPORT: INTEREST. According to Minnesota Statutes. section 548.091:
A. If a person fails to make a child support payment, the payment owed becomes a judgment against the
person responsible to make the payment by operation of law on or after the date the payment is due,
and the person entitled to receive the payment or the public agency may obtain entry and docketing of
the judgment without notice to the person responsible to make the payment.
3. Interest begins accruing on a payment or installment of child support whenever the unpaid amount due
is greater than the current support due.

11. JUDGHIITS FOR UMEAID HAIHTINANCI. A judgment for unpaid spousal maintenance may be entered and
docketed when the conditions of Minnesota statutes, section 548.091. are met. A copy of that section is
available from any court administrator.

III. 3mm ms MID cor-“£31031 COSTS FOR momenta-r 0? CHILD SUPEOR‘I‘. A judgment for attorney fees
and other collection costs incurred in enforcing a child support order will be entered against the person
responsible to pay support when the conditions of Minnesota statutes, section 5133.735. are met. A copy of
that section and forms necessary to request or contest these attorney fees and collection costs are
available from any court administrator.

XIII. panes-rm I'll mant

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Family Matters: State of Minnesota/County of Jackson, Angela Lynn May vs John Arland Kirst

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