 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Ramsey County v. Korbel6/7/2005
On appeal in this child-support dispute, appellant-father argues that because the record does not support the Child Support Magistrate's (CSM) findings as to appellant's ability to work, his net income, or his ownership of a business, the CSM's child support determination is against all logic and facts in the record. We reverse and remand for recomputation of appellant-father's child support obligation.
FACTS
Respondent Tammy Williams gave birth to K.H.K. on April 26, 2001. On February 21, 2003, Williams and respondent Ramsey County (the County) initiated an action under the Minnesota Parentage Act, Minn. Stat. ยงยง 257.51-.74 (2004), to establish paternity and to order support for K.H.K. In its petition, the County requested that the CSM adjudicate appellant Kevin Korbel to be the father and order Korbel to pay child support , medical and dental support, and childcare costs. At the time the action was initiated, Korbel was married and separated from his wife under a decree of separation dated August 16, 2002. The present matter proceeded to a hearing on December 22, 2003, but because Williams failed to appear and no resolution could be reached as to custody, the CSM referred the matter to district court.
At the hearing before the district court on February 6, 2004, the referee adjudicated Korbel to be the father of K.H.K. The parties agreed that Williams would receive sole physical custody. The district court ordered Korbel to pay temporary monthly child support of $375 and referred the case for an additional hearing to determine Korbel's net monthly income and set permanent child support.
In preparation for the upcoming hearing, by letter dated March 19, 2004, Ramsey County directed Korbel to produce pay stubs, 2002 and 2003 federal and state income tax returns, and a Financial Statement. Korbel failed to specifically comply with the County's disclosure requests, but he did provide the County with a 2001 income tax return and 1099s from 2002 and 2003.
At the April 8, 2004, hearing, the County requested that the district court make adverse inferences against Korbel for failing to produce the requested documentation. The County suggested that the CSM calculate child support based on the August 2002 legal separation order.
At the hearing, Korbel gave only limited testimony as to his 2002 and 2003 income. Instead, Korbel focused on his inability to work due to an aggravated back injury . Korbel testified that he installed windows for the All American Window Company. Korbel provided the CSM with two doctor's notes stating that he was unable to work from mid-December 2003 until mid-January 2004 "due to medical problems" and, as of the end of January, was "currently unable to work and is unemployable due to medical problems." A letter from his family practice physician gave additional details about his inability to continue working. Korbel testified that, according to his neurologist, if he continued to work, he would be permanently disabled within a year.
In a letter dated February 4, 2004, Kevin Siedschlag, the owner of All American Window, verified that Korbel "has a serious medical condition" that prevents him from working as a subcontractor. Siedschlag noted that Korbel could work in sales, but that his income would be in the range of $400 to $600 a month, which would be considerably less than his previous income. According to Korbel, he had sought alternative work by performing estimates for clients, but had earned only $1,200 from January to March 2004. Korbel further testified that, as of April 2004, he could no longer work at all. Korbel claimed that he was going to have back surgery but admitted that he had not yet
Page 1 2 3 4 5 Minnesota Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|