Preview
27-FA-23-1151
Filed in District Court
State of Minnesota
4/10/2023 11:09 AM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
CASE TYPE: SUPPORT
Hennepin County on behalf of
Angelique R. Jackson,
FINDINGS OF FACT,
Petitioner, CONCLUSIONS OF LAW, AND ORDER
ESTABLISHING CHILD SUPPORT
and
Court File No. 27-FA-23-1151
Mayta S. Starks, IV-D Case No. 001090178912
Respondent.
Definitions: The County means the County of Hennepin. The State means the State of Minnesota.
The Caretaker (Obligee) means Angelique R. Jackson. The Mother (Obligor) means Mayta S.
Starks.
The above-entitled matter came on for remote hearing before Julie Voigt, presiding Child
Support Magistrate, at Hennepin County on April 10, 2023 pursuant to the County’s summons and
complaint to establish child support. The record closed at the conclusion of the hearing.
Appearances were as follows:
The Caretaker, Angelique R. Jackson, was not present and was self-represented. The
Caretaker’s mailing address is 4911 Oakland Ave., Minneapolis, MN 55417.
The Mother, Mayta S. Starks, was present and was self-represented. The Mother’s mailing
address is 809 Russell Ave. N., Minneapolis, MN 55411.
Mark Horton, Assistant County Attorney, appeared on behalf of the County. Sarah
Nordby, Child Support Officer, also appeared.
The Child Support Magistrate, upon reviewing the files, affidavits and proceedings herein,
and upon hearing the testimony of the parties presented, and being fully advised, does hereby make
the following:
STATEMENT OF THE ISSUE
The issue in this case is what amount of ongoing child support or reimbursement of public
assistance should be paid by the Mother, if any, pursuant to Minn. Stat. § 256.87 and Chapter
518A.
FINDINGS OF FACT
1. The calculation of child support is based upon the following findings and is in
accordance with Chapter 518A. The calculation of child support is reflected in the worksheet
attached to the County’s pleadings.
27-FA-23-1151
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2. The Caretaker receives public assistance. The Caretaker has assigned to the State
rights to child support and the County is joined as a party in each case in which rights have been
assigned pursuant to Minn. Stat. §§ 256.741, subd. 2 and 518A.49.
3. The summons and complaint was personally served on the Mother on February 27,
2023 and was served by mail on the Caretaker on February 8, 2023. The Notice of Hearing with
Zoom instructions was mailed to the parties on March 27, 2023.
4. The Caretaker is not a member of the Armed Services.
5. The Mother is the mother of the following joint child who resides with the Caretaker
with the approval of the court:
• Adarrie S. Starks-Cartharn, born on May 2, 2013
6. The Caretaker was granted sole physical custody of the joint child pursuant to the
Order dated October 9, 2017 issued in Hennepin County court file 27-F-17-3014. The Mother was
granted reasonable parenting time with no specific schedule.
7. The Caretaker’s birth date is on file with Hennepin County Support and Collections.
The Mother’s birth date is January 27, 1984.
8. The Caretaker’s, Mother’s, and joint child’s social security numbers are incorporated
as stated on Confidential Form 11.1 on file with the Court.
9. The Mother did not provide a current paystub but testified that she is employed by
Agape Health Care Services and works 40 hours per week earning $15 per hour. The Mother has
a gross monthly income of $2,600.
10. The Mother also has a legal duty to support the nonjoint child A.S.C., born on April
26, 2018, who primarily resides with the Mother. The Mother does not have a court ordered child
support obligation for the nonjoint child and is entitled to a nonjoint child.
11. The Caretaker has no legal duty to support the joint child.
12. The Mother’s income is slightly higher than the income used for her in the County’s
affidavit. The County and the Mother agree that basic support should be established in the amount
of $215 per month, the amount proposed in the affidavit. The basic support amount ordered is a
fair amount of basic support and allows the Mother to meet her own basic needs.
13. The Caretaker has no child care costs.
14. Health care coverage is as follows:
• The joint child receives Medical Assistance.
• The County is not requesting a contribution towards the cost of public coverage and
the Mother’s medical support obligation should be $0.
15. The County waived its right to reimbursement for past public assistance expended.
Based upon the foregoing Findings of Fact, the Child Support Magistrate makes the
following:
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CONCLUSIONS OF LAW
1. All proceedings establishing, modifying, or enforcing child support must be conducted
in the expedited child support process if the case is a IV-D case. The application for and receipt
of public assistance as defined in Minn. Stat. § 256.741, as well as the application for non-public
assistance child support services under title IV-D of the Social Security Act, United States Code,
title 42, section 654(4), creates a IV-D case pursuant to Minn. Stat. § 518A.26, subd. 10. The case
continues to be a IV-D case until the applicant notifies the public authority in writing that the
applicant no longer requests continued IV-D services pursuant to 45 CFR § 302.33.
2. The Child Support Magistrate has jurisdiction in this matter pursuant to Minn. Stat. §
484.702, subds. 1 and 3 and Minn. Gen. R. Prac. 353.01.
3. The joint child has a need for support, and the parents have a duty to support the child.
Based upon the foregoing Findings of Fact and Conclusions of Law, the Child Support
Magistrate makes the following:
ORDER
1. Beginning May 1, 2023 and continuing each month thereafter:
BASIC SUPPORT
• The Mother shall pay $215 per month as ongoing basic support.
CHILD CARE SUPPORT
• The Mother’s child care support obligation is $0.
MEDICAL SUPPORT
• The Mother’s medical support obligation is $0.
The Mother’s total monthly child support payment is $215.
2. Health care coverage is ordered as follows:
• The Mother’s proportionate share of the joint child’s unreimbursed and uninsured
medical and dental expenses is 100% and the Mother’s proportionate share of the
joint child’s unreimbursed and uninsured medical and dental expenses is 0%.
• A party seeking reimbursement for unreimbursed and/or uninsured medical and
dental expenses must request reimbursement no later than two years from the date
the expenses were incurred. Unreimbursed and uninsured expenses shall be
collected and contested pursuant to Minn. Stat. § 518A.41, subd. 17.
3. The child support payments shall continue until the joint child covered by the order
reaches the age of 18, or age 20 if still in secondary school; or until the joint child covered by the
order becomes emancipated or dies; or until further order.
4. The Mother does not owe the County reimbursement for past public assistance.
5. Until income withholding takes effect, see DHS-75850 publication for payment
options, or pay directly by check, cashier's check, or money order to the Minnesota Child Support
Payment Center, PO Box 64326, St. Paul, MN 55164-0326.
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6. If support payments are not paid when due, the Mother's employer(s) or payor(s) of
funds shall withhold from the Mother's income, an additional amount of 20% of the monthly child
support until the arrearage is paid in accordance with Minn. Stat. § 518A.53, subd. 10.
7. The attached Appendix A is incorporated and made a part of this order.
8. A copy of this order shall be served by first class U.S. mail upon the parties at their
last known mailing addresses, or upon their attorneys, which shall be due and proper service for
all purposes.
IT IS SO ORDERED. Digitally signed
by Voigt, Julie
Date: 2023.04.10
11:07:02 -05'00'
JULIE VOIGT
Child Support Magistrate
Dated: April 10, 2023.
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APPENDIX A
NOTICE IS HEREBY GIVEN TO THE PARTIES:
I. PAYMENTS TO PUBLIC AGENCY. 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: P.O. Box 64326, St. Paul, MN 55164-0326. Employers mail
payments to: P.O. Box 64306, St. Paul, MN 55164.
II. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY. 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.
III. NONSUPPORT OF A SPOUSE OR CHILD – CRIMINAL PENALTIES. 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. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME.
A. 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 must 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.
F. 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.
G. 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; referral 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 518A.40, subdivision 4, are met.
J. The public authority may remove or resume a medical support offset if the conditions of section 518A.41,
subdivision 16, are met.
V. MODIFYING CHILD SUPPORT. If either the obligor or obligee 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 obligee 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. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, SUBDIVISION 3.
UNLESS OTHERWISE PROVIDED 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 party has the right of access
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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.
B. Each party has the right to be 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 be 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 if 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.
E. Each party has the right of reasonable access and telephone contact with the minor children.
VII. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE. 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. CHANGE OF ADDRESS OR RESIDENCE. 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 number, social security
number, and name, address, and telephone number of the employer.
IX. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE. Basic support and / or
spousal maintenance may be adjusted every two years based upon a change in the cost of living (using the U.S.
Department of Labor, Bureau of Labor Statistics, consumer price index Mpls. St. Paul, for all urban consumers (CPI-U),
unless otherwise specified in this order) when the conditions of Minnesota Statutes, section 518A.75, are met. Cost of
living increases are compounded. A copy of Minnesota Statutes, section 518A.75, and forms necessary to request or
contest a cost of living increase are available from any court administrator.
X. JUDGMENTS FOR UNPAID SUPPORT. If a person fails to make a child support payment, thepayment
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.
XI. JUDGMENTS FOR UNPAID MAINTENANCE.
A. 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.
B. The public authority is not responsible for calculating interest on any judgment for unpaid spousal maintenance.
When providing services in IV-D cases, as defined in Minnesota Statutes, section 518!.26, subdivision 10, the
public authority will only collect interest on spousal maintenance if spousal maintenance is reduced to a sum
certain judgment.
XII. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD SUPPORT.
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 518A.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. PARENTING TIME EXPEDITOR PROCESS. On request of either party or on its own motion, the
court may appoint a parenting time expeditor to resolve parenting time disputes under Minnesota Statutes, section
518.1751. A copy of that section and a description of the expeditor process is available from any court administrator.
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XIV. PARENTING TIME REMEDIES AND PENALTIES. Remedies and penalties for wrongful denial of
parenting time are available under Minnesota Statutes, section 518.175, subdivision 6. These include compensatory
parenting time; civil penalties; bond requirements; contempt; and reversal of custody. A copy of that subdivision and
forms for requesting relief are available from any court administrator.
In addition to the Notices on pages 1 and 2, the following NOTICE applies to all orders addressing custody
pursuant to Minn. Stat. § 518.17, subd. 3a.
NOTICE
EACH PARTY IS GRANTED THE FOLLOWING RIGHTS:
1. 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.
2. Right of access to information regarding health or dental insurance available to the minor children.
3. Right to be informed by the other party as to the name and address of the school of attendance of the minor
children.
4. Right to be 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, unless attending the same conference would result in violation of a court order prohibiting contact with a
party.
5. 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.
6. Right to be notified by the other party if 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.
7. Right to reasonable access and telephone or other electronic contact with the minor children.
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SIX-MONTH REVIEW HEARING REQUEST
INSTRUCTIONS
See Minn. Stat. § 518.1781
You have the right to request a review hearing within six months after entry of a decree of dissolution or
legal separation or order that establishes child custody, parenting time, or child support. Minn. Stat. §
518.1781 (2006). The form you will need to use to request a review hearing is attached.
Purpose of Review Hearing: The purpose of the review hearing is to make certain parties are following
the court order regarding parenting time and the payment of child support. The review hearing IS NOT an
opportunity to present any other issues or to ask the court to establish or modify custody, parenting time,
or support. The court CAN ONLY review parenting time and child support provisions as already
established in the order. If there is no court ordered parenting time or child support, the court CANNOT
create a parenting plan, establish parenting time, or child support at this review hearing. A petition or
motion asking for any other type of relief from the court must be served and filed separately from this
request. You may wish to contact an attorney or other legal services provider for more information
regarding any other type of relief.
Instructions to the Party Requesting the Review Hearing: If you decide to request a review hearing,
you must do the following within six months from the date of entry of the order or decree:
• remove this cover page and complete the Request for Hearing form. Make enough copies of the form
and have it served upon all parties, including the County Attorney’s Office, if the county child support
enforcement agency (public authority) is a party in the case. Keep a copy of the form for yourself.
NOTE: YOU CANNOT HAND DELIVER OR MAIL THE REQUEST FOR HEARING
YOURSELF. YOU MUST HAVE SOMEONE ELSE OVER THE AGE OF 18 WHO IS
NOT A PARTY TO THE CASE HAND DELIVER OR MAIL THE REQUEST FOR
HEARING FOR YOU
• return the completed original Request for Hearing form and a completed Affidavit of Service form to
Court Administration in the county listed at the top of the Request for Hearing form. Court
Administration will schedule a hearing and send all parties notice of the hearing date, time, and
location.
Proof of Child Support Payment: The person who pays support has to provide proof of all the child
support payments he/she made. If a party is receiving public assistance or child support enforcement
services from the county child support enforcement agency, either party may request that the county child
support enforcement agency provide payment information to the parties and the court. Any request made
to the county child support enforcement agency must be made at least 14 days before the hearing date.
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State of Minnesota
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SIX-MONTH REVIEW HEARING REQUEST
See Minn. Stat. § 518.1781
State of Minnesota District Court
______________ County _____Judicial District
Court File Number: ___________________
In Re the Marriage of: Case Type: ___________________
Plaintiff(s) / Petitioner Request for Six Month Review Hearing
vs / and
Defendant / Respondent
Intervenor
Check the box or boxes that apply:
Child Support
□ The other party is not paying child support as ordered. (Briefly explain)
Parenting Time provisions
□ The other party has not complied with the court ordered parenting time as follows:
Dated: Signature
Print Name:
Address:
City/State/Zip:
Telephone: ( )
Attorney for:
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27-FA-23-1151
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State of Minnesota District Court
County Judicial District:
Court File Number:
Case Type:
□ In Re the Marriage of:
Petitioner □ Affidavit of Personal Service
and □ Affidavit of Service By Mail
Respondent
STATE OF MINNESOTA )
COUNTY OF ____________________ ) SS
(County where Affidavit Signed)
I, , state that on
(Name of person who hand-delivered or mailed documents) (Date)
I served the attached documents, namely
(Title of Documents hand delivered or mailed)
upon (check one):
□ Petitioner (Name)
□ Respondent (Name)
□ County Attorney’s Office (Name)
□ Other (Name)
by (check method of service used):
□ Personally handing a true and correct copy of the document(s) to the person(s) named above at ____ o’clock ___.m. at
.
(a.m. or p.m.) (Address where documents delivered)
□ Mailing a true and correct copy of the document(s) to the person(s) named above by placing the document(s) in an
envelope with sufficient postage in the United States mail at the Post Office located in the City of
, State of , at the person’s last known address of:
I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116.
Dated:
Signature
Print Name:
Address:
City/State/Zip:
Telephone: ( )
E-mail address:
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Preview
27-FA-23-1151 Filed in District Court State of Minnesota 4/10/2023 11:09 AM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT CASE TYPE: SUPPORT Hennepin County on behalf of Angelique R. Jackson, FINDINGS OF FACT, Petitioner, CONCLUSIONS OF LAW, AND ORDER ESTABLISHING CHILD SUPPORT and Court File No. 27-FA-23-1151 Mayta S. Starks, IV-D Case No. 001090178912 Respondent. Definitions: The County means the County of Hennepin. The State means the State of Minnesota. The Caretaker (Obligee) means Angelique R. Jackson. The Mother (Obligor) means Mayta S. Starks. The above-entitled matter came on for remote hearing before Julie Voigt, presiding Child Support Magistrate, at Hennepin County on April 10, 2023 pursuant to the County’s summons and complaint to establish child support. The record closed at the conclusion of the hearing. Appearances were as follows: The Caretaker, Angelique R. Jackson, was not present and was self-represented. The Caretaker’s mailing address is 4911 Oakland Ave., Minneapolis, MN 55417. The Mother, Mayta S. Starks, was present and was self-represented. The Mother’s mailing address is 809 Russell Ave. N., Minneapolis, MN 55411. Mark Horton, Assistant County Attorney, appeared on behalf of the County. Sarah Nordby, Child Support Officer, also appeared. The Child Support Magistrate, upon reviewing the files, affidavits and proceedings herein, and upon hearing the testimony of the parties presented, and being fully advised, does hereby make the following: STATEMENT OF THE ISSUE The issue in this case is what amount of ongoing child support or reimbursement of public assistance should be paid by the Mother, if any, pursuant to Minn. Stat. § 256.87 and Chapter 518A. FINDINGS OF FACT 1. The calculation of child support is based upon the following findings and is in accordance with Chapter 518A. The calculation of child support is reflected in the worksheet attached to the County’s pleadings. 27-FA-23-1151 Filed in District Court State of Minnesota 4/10/2023 11:09 AM 2. The Caretaker receives public assistance. The Caretaker has assigned to the State rights to child support and the County is joined as a party in each case in which rights have been assigned pursuant to Minn. Stat. §§ 256.741, subd. 2 and 518A.49. 3. The summons and complaint was personally served on the Mother on February 27, 2023 and was served by mail on the Caretaker on February 8, 2023. The Notice of Hearing with Zoom instructions was mailed to the parties on March 27, 2023. 4. The Caretaker is not a member of the Armed Services. 5. The Mother is the mother of the following joint child who resides with the Caretaker with the approval of the court: • Adarrie S. Starks-Cartharn, born on May 2, 2013 6. The Caretaker was granted sole physical custody of the joint child pursuant to the Order dated October 9, 2017 issued in Hennepin County court file 27-F-17-3014. The Mother was granted reasonable parenting time with no specific schedule. 7. The Caretaker’s birth date is on file with Hennepin County Support and Collections. The Mother’s birth date is January 27, 1984. 8. The Caretaker’s, Mother’s, and joint child’s social security numbers are incorporated as stated on Confidential Form 11.1 on file with the Court. 9. The Mother did not provide a current paystub but testified that she is employed by Agape Health Care Services and works 40 hours per week earning $15 per hour. The Mother has a gross monthly income of $2,600. 10. The Mother also has a legal duty to support the nonjoint child A.S.C., born on April 26, 2018, who primarily resides with the Mother. The Mother does not have a court ordered child support obligation for the nonjoint child and is entitled to a nonjoint child. 11. The Caretaker has no legal duty to support the joint child. 12. The Mother’s income is slightly higher than the income used for her in the County’s affidavit. The County and the Mother agree that basic support should be established in the amount of $215 per month, the amount proposed in the affidavit. The basic support amount ordered is a fair amount of basic support and allows the Mother to meet her own basic needs. 13. The Caretaker has no child care costs. 14. Health care coverage is as follows: • The joint child receives Medical Assistance. • The County is not requesting a contribution towards the cost of public coverage and the Mother’s medical support obligation should be $0. 15. The County waived its right to reimbursement for past public assistance expended. Based upon the foregoing Findings of Fact, the Child Support Magistrate makes the following: 2 27-FA-23-1151 Filed in District Court State of Minnesota 4/10/2023 11:09 AM CONCLUSIONS OF LAW 1. All proceedings establishing, modifying, or enforcing child support must be conducted in the expedited child support process if the case is a IV-D case. The application for and receipt of public assistance as defined in Minn. Stat. § 256.741, as well as the application for non-public assistance child support services under title IV-D of the Social Security Act, United States Code, title 42, section 654(4), creates a IV-D case pursuant to Minn. Stat. § 518A.26, subd. 10. The case continues to be a IV-D case until the applicant notifies the public authority in writing that the applicant no longer requests continued IV-D services pursuant to 45 CFR § 302.33. 2. The Child Support Magistrate has jurisdiction in this matter pursuant to Minn. Stat. § 484.702, subds. 1 and 3 and Minn. Gen. R. Prac. 353.01. 3. The joint child has a need for support, and the parents have a duty to support the child. Based upon the foregoing Findings of Fact and Conclusions of Law, the Child Support Magistrate makes the following: ORDER 1. Beginning May 1, 2023 and continuing each month thereafter: BASIC SUPPORT • The Mother shall pay $215 per month as ongoing basic support. CHILD CARE SUPPORT • The Mother’s child care support obligation is $0. MEDICAL SUPPORT • The Mother’s medical support obligation is $0. The Mother’s total monthly child support payment is $215. 2. Health care coverage is ordered as follows: • The Mother’s proportionate share of the joint child’s unreimbursed and uninsured medical and dental expenses is 100% and the Mother’s proportionate share of the joint child’s unreimbursed and uninsured medical and dental expenses is 0%. • A party seeking reimbursement for unreimbursed and/or uninsured medical and dental expenses must request reimbursement no later than two years from the date the expenses were incurred. Unreimbursed and uninsured expenses shall be collected and contested pursuant to Minn. Stat. § 518A.41, subd. 17. 3. The child support payments shall continue until the joint child covered by the order reaches the age of 18, or age 20 if still in secondary school; or until the joint child covered by the order becomes emancipated or dies; or until further order. 4. The Mother does not owe the County reimbursement for past public assistance. 5. Until income withholding takes effect, see DHS-75850 publication for payment options, or pay directly by check, cashier's check, or money order to the Minnesota Child Support Payment Center, PO Box 64326, St. Paul, MN 55164-0326. 3 27-FA-23-1151 Filed in District Court State of Minnesota 4/10/2023 11:09 AM 6. If support payments are not paid when due, the Mother's employer(s) or payor(s) of funds shall withhold from the Mother's income, an additional amount of 20% of the monthly child support until the arrearage is paid in accordance with Minn. Stat. § 518A.53, subd. 10. 7. The attached Appendix A is incorporated and made a part of this order. 8. A copy of this order shall be served by first class U.S. mail upon the parties at their last known mailing addresses, or upon their attorneys, which shall be due and proper service for all purposes. IT IS SO ORDERED. Digitally signed by Voigt, Julie Date: 2023.04.10 11:07:02 -05'00' JULIE VOIGT Child Support Magistrate Dated: April 10, 2023. 4 27-FA-23-1151 Filed in District Court State of Minnesota 4/10/2023 11:09 AM APPENDIX A NOTICE IS HEREBY GIVEN TO THE PARTIES: I. PAYMENTS TO PUBLIC AGENCY. 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: P.O. Box 64326, St. Paul, MN 55164-0326. Employers mail payments to: P.O. Box 64306, St. Paul, MN 55164. II. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY. 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. III. NONSUPPORT OF A SPOUSE OR CHILD – CRIMINAL PENALTIES. 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. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME. A. 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 must 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. F. 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. G. 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; referral 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 518A.40, subdivision 4, are met. J. The public authority may remove or resume a medical support offset if the conditions of section 518A.41, subdivision 16, are met. V. MODIFYING CHILD SUPPORT. If either the obligor or obligee 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 obligee 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. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, SUBDIVISION 3. UNLESS OTHERWISE PROVIDED 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 party has the right of access 5 27-FA-23-1151 Filed in District Court State of Minnesota 4/10/2023 11:09 AM 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. B. Each party has the right to be 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 be 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 if 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. E. Each party has the right of reasonable access and telephone contact with the minor children. VII. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE. 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. CHANGE OF ADDRESS OR RESIDENCE. 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 number, social security number, and name, address, and telephone number of the employer. IX. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE. Basic support and / or spousal maintenance may be adjusted every two years based upon a change in the cost of living (using the U.S. Department of Labor, Bureau of Labor Statistics, consumer price index Mpls. St. Paul, for all urban consumers (CPI-U), unless otherwise specified in this order) when the conditions of Minnesota Statutes, section 518A.75, are met. Cost of living increases are compounded. A copy of Minnesota Statutes, section 518A.75, and forms necessary to request or contest a cost of living increase are available from any court administrator. X. JUDGMENTS FOR UNPAID SUPPORT. If a person fails to make a child support payment, thepayment 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. XI. JUDGMENTS FOR UNPAID MAINTENANCE. A. 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. B. The public authority is not responsible for calculating interest on any judgment for unpaid spousal maintenance. When providing services in IV-D cases, as defined in Minnesota Statutes, section 518!.26, subdivision 10, the public authority will only collect interest on spousal maintenance if spousal maintenance is reduced to a sum certain judgment. XII. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD SUPPORT. 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 518A.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. PARENTING TIME EXPEDITOR PROCESS. On request of either party or on its own motion, the court may appoint a parenting time expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751. A copy of that section and a description of the expeditor process is available from any court administrator. 6 27-FA-23-1151 Filed in District Court State of Minnesota 4/10/2023 11:09 AM XIV. PARENTING TIME REMEDIES AND PENALTIES. Remedies and penalties for wrongful denial of parenting time are available under Minnesota Statutes, section 518.175, subdivision 6. These include compensatory parenting time; civil penalties; bond requirements; contempt; and reversal of custody. A copy of that subdivision and forms for requesting relief are available from any court administrator. In addition to the Notices on pages 1 and 2, the following NOTICE applies to all orders addressing custody pursuant to Minn. Stat. § 518.17, subd. 3a. NOTICE EACH PARTY IS GRANTED THE FOLLOWING RIGHTS: 1. 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. 2. Right of access to information regarding health or dental insurance available to the minor children. 3. Right to be informed by the other party as to the name and address of the school of attendance of the minor children. 4. Right to be 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, unless attending the same conference would result in violation of a court order prohibiting contact with a party. 5. 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. 6. Right to be notified by the other party if 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. 7. Right to reasonable access and telephone or other electronic contact with the minor children. 7 27-FA-23-1151 Filed in District Court State of Minnesota 4/10/2023 11:09 AM SIX-MONTH REVIEW HEARING REQUEST INSTRUCTIONS See Minn. Stat. § 518.1781 You have the right to request a review hearing within six months after entry of a decree of dissolution or legal separation or order that establishes child custody, parenting time, or child support. Minn. Stat. § 518.1781 (2006). The form you will need to use to request a review hearing is attached. Purpose of Review Hearing: The purpose of the review hearing is to make certain parties are following the court order regarding parenting time and the payment of child support. The review hearing IS NOT an opportunity to present any other issues or to ask the court to establish or modify custody, parenting time, or support. The court CAN ONLY review parenting time and child support provisions as already established in the order. If there is no court ordered parenting time or child support, the court CANNOT create a parenting plan, establish parenting time, or child support at this review hearing. A petition or motion asking for any other type of relief from the court must be served and filed separately from this request. You may wish to contact an attorney or other legal services provider for more information regarding any other type of relief. Instructions to the Party Requesting the Review Hearing: If you decide to request a review hearing, you must do the following within six months from the date of entry of the order or decree: • remove this cover page and complete the Request for Hearing form. Make enough copies of the form and have it served upon all parties, including the County Attorney’s Office, if the county child support enforcement agency (public authority) is a party in the case. Keep a copy of the form for yourself. NOTE: YOU CANNOT HAND DELIVER OR MAIL THE REQUEST FOR HEARING YOURSELF. YOU MUST HAVE SOMEONE ELSE OVER THE AGE OF 18 WHO IS NOT A PARTY TO THE CASE HAND DELIVER OR MAIL THE REQUEST FOR HEARING FOR YOU • return the completed original Request for Hearing form and a completed Affidavit of Service form to Court Administration in the county listed at the top of the Request for Hearing form. Court Administration will schedule a hearing and send all parties notice of the hearing date, time, and location. Proof of Child Support Payment: The person who pays support has to provide proof of all the child support payments he/she made. If a party is receiving public assistance or child support enforcement services from the county child support enforcement agency, either party may request that the county child support enforcement agency provide payment information to the parties and the court. Any request made to the county child support enforcement agency must be made at least 14 days before the hearing date. 8 27-FA-23-1151 Filed in District Court State of Minnesota 4/10/2023 11:09 AM SIX-MONTH REVIEW HEARING REQUEST See Minn. Stat. § 518.1781 State of Minnesota District Court ______________ County _____Judicial District Court File Number: ___________________ In Re the Marriage of: Case Type: ___________________ Plaintiff(s) / Petitioner Request for Six Month Review Hearing vs / and Defendant / Respondent Intervenor Check the box or boxes that apply: Child Support □ The other party is not paying child support as ordered. (Briefly explain) Parenting Time provisions □ The other party has not complied with the court ordered parenting time as follows: Dated: Signature Print Name: Address: City/State/Zip: Telephone: ( ) Attorney for: 9 27-FA-23-1151 Filed in District Court State of Minnesota 4/10/2023 11:09 AM State of Minnesota District Court County Judicial District: Court File Number: Case Type: □ In Re the Marriage of: Petitioner □ Affidavit of Personal Service and □ Affidavit of Service By Mail Respondent STATE OF MINNESOTA ) COUNTY OF ____________________ ) SS (County where Affidavit Signed) I, , state that on (Name of person who hand-delivered or mailed documents) (Date) I served the attached documents, namely (Title of Documents hand delivered or mailed) upon (check one): □ Petitioner (Name) □ Respondent (Name) □ County Attorney’s Office (Name) □ Other (Name) by (check method of service used): □ Personally handing a true and correct copy of the document(s) to the person(s) named above at ____ o’clock ___.m. at . (a.m. or p.m.) (Address where documents delivered) □ Mailing a true and correct copy of the document(s) to the person(s) named above by placing the document(s) in an envelope with sufficient postage in the United States mail at the Post Office located in the City of , State of , at the person’s last known address of: I declare under penalty of perjury that everything I have stated in this document is true and correct. Minn. Stat. § 358.116. Dated: Signature Print Name: Address: City/State/Zip: Telephone: ( ) E-mail address: 10