Domestic Relations – Child-Support Arrearages 

Posted: 1:00 am Mon, February 8, 2010
By admin
Tags: Domestic Relations

Where in 2003 a child-support magistrate reduced father’s obligation to zero dollars because father was incarcerated and entered a judgment for the total amount of father’s outstanding arrearages; father did not appeal the 2003 order; and in 2007, father asked that his arrearages be entirely forgiven; we conclude that the District Court did not abuse its discretion by denying father’s motion because Minn. Stat. sec. 518A.39, subd. 2(e), which became effective on Jan. 1, 2007, does not permit retroactive forgiveness of child-support arrearages for a time preceding service of a modification motion, regardless of a person’s incarceration.

We also reject father’s constitutional claims.

Affirmed.