In re the Marriage of: Jessica Mae Husman, petitioner, Respondent,
Ralph Joseph Husman, Appellant .
Scott County District Court File No. 70-FA-10-6265
Kristin L. Davis, Sieloff and Associates, P.A., Eagan, Minnesota (for respondent)
Bruce M. Rivers, Rivers & Associates, P.A., Minneapolis, Minnesota (for appellant)
Considered and decided by Ross, Presiding Judge; Peterson, Judge; and Chutich, Judge.
In this post-dissolution dispute, appellant-father argues that the district court should not have awarded respondent-mother (a) reimbursement for uninsured medical expenses incurred by an emancipated child; and (b) conduct-based attorney fees. We affirm.
The parties were divorced pursuant to a stipulated judgment and decree entered on May 6, 2010. The parties have no children together, but appellant-father Ralph Joseph Husman adopted respondent-mother Jessica Mae Husman's son. The dissolution judgment provided for child support to continue until the son became emancipated or turned 18, "provided that if [the son] is still attending secondary school after [he] attains the age of eighteen (18) years support with respect to [the son] shall continue until such time as the child is no longer attending secondary school but not beyond the time the child attains the age of twenty (20)."
The dissolution judgment included the following provision regarding health insurance for the son:
[Mother] intends to obtain coverage for the minor child through Minnesota Care or medical assistance. [Mother] shall apply for said coverage within thirty days from the date of entry of the Judgment and decree. If the minor child does not qualify for said coverage, [father] shall obtain health insurance for the minor child available through his employment or otherwise. If [father] obtains such coverage, [mother] shall reimburse to [father] a portion of the same based on [mother's] PICS percentage, which is currently 46%.
The parties' obligation to maintain health insurance for the minor child shall continue until the later of (a) the time at which there is no longer a child support obligation or (b) the time at which a party is no longer entitled to continue dependent health insurance coverage under his or her insurance policy.
Each party shall pay one-half of the out-of-pocket costs, co-payments and deductibles incurred for medical, dental, optical, orthodontic and medical prescription expenses for the minor child.
To the extent that there are any medical, dental, optical, orthodontic and medical prescription expenses incurred by a party for the minor child for which such expenses are to be divided herein, the party not incurring the expense shall reimburse to the other party ...