In re the Marriage of:Joshua Ryan Beckendorf, petitioner, Respondent,
Jordana Leslie Fox, Appellant.
County District Court File No. 70-FA-11-24895
Samantha J. Gemberling, Wolf, Rohr, Gemberling and Allen,
P.A., St. Paul, Minnesota (for respondent)
M. Jerabek, Susan M. Lach, Tuft, Lach, Jerabek &
O'Connell, PLLC, Maplewood, Minnesota (for appellant)
Considered and decided by Smith, Tracy M., Presiding Judge;
Johnson, Judge; and Reyes, Judge.
of prospective childcare expenses may constitute
"documentation of child care expenses" for purposes
of Minn. Stat. § 518A.40, subd. 3(a) (2016).
TRACY M., Judge
Jordana Leslie Fox appeals an order of a child support
magistrate (CSM) denying her motion for the court to require
respondent Joshua Ryan Beckendorf to pay childcare support.
Fox's submissions to the CSM included documentation of
both her past and prospective childcare expenses. The CSM
denied Fox's motion, ruling that Fox provided "no
documentation" of the amount "actually spent"
on childcare and therefore that her submissions failed to
satisfy the portion of Minn. Stat. § 518A.40, subd.
3(a), that states that "[t]he court must require . . .
documentation of child care expenses from the obligee."
Because documentation of childcare expenses may include
evidence of prospective childcare expenses, and because Fox
provided documentation of both her past and prospective
childcare expenses, we reverse and remand.
2012 judgment dissolving the parties' marriage granted
the parties joint legal custody of their two children, S.B.
and M.B; granted Fox sole physical custody of the
children; and reserved the issue of childcare support. In
2015, Fox moved the district court to order Beckendorf to pay
childcare support. Included in Fox's submissions to the
district court were a childcare plan and rate sheets for
various childcare options. The district court heard arguments
on Fox's motion and referred the childcare-support
question to the CSM.
submitted supplemental documentation to the CSM, including an
affidavit as well as checks and receipts for childcare
expenses incurred between her original motion and her
supplemental submissions to the CSM. Fox's affidavit
stated that she requires childcare because she works three
days per week, eight hours per day. Fox calculated her
expected summer-childcare expenses based on the children
spending half days in childcare camp and half days with an
in-home sitter. Regarding summer expenses, Fox submitted:
(1) a spreadsheet of available summer-childcare ...