Special Needs Child's Move to Group Home Does Not Alter Father's Support Obligation

In an unpublished opinion, a Minnesota appeals court rules that a trial court did not err when it denied a father's request to terminate his child support obligation because his son had moved into a group home that would be entirely paid for through government funds were it not for his child support payments. Hanratty v. Hanratty (Minn. App. Ct., No. A10-1346, March 15, 2011).

When Timothy Hanratty and Jean Hanratty were divorced in 2001, the court ordered Mr. Hanratty to pay Mrs. Hanratty $2,000 a month in child support for the care of their adult child with disabilities, T.J.H. (T.J.H. lived with his mother pursuant to a conservatorship order that was entered when he turned 21 several years prior to the divorce.) In 2009, T.J.H. moved into a group home that cost $6,500 a month; Ms. Hanratty contributed the entire monthly child support award towards the cost of T.J.H.'s care and the county medical-assistance program paid for the balance of the cost.

Mr. Hanratty filed a motion to terminate his child support obligation based on a change in circumstances. In his motion, Mr. Hanratty claimed that the child support payments were not needed since T.J.H. no longer lived with his mother and the state would pay for the entire cost of T.J.H.'s care in the group home if T.J.H. did not receive child support payments. The trial court denied Mr. Hanratty's motion and he appealed.

The Minnesota Court of Appeals upholds the trial court's decision, finding that Mr. Hanratty did not demonstrate a substantial change in circumstances, despite T.J.H.'s change of residence. The court explains that in a previous case addressing a similar issue, "this court noted that because 'the primary obligation of support of a child should fall on parents rather than the public,' it is inappropriate to terminate a support obligation on the ground that the obligee now receives public assistance."

For the full text of this decision, go to: https://www.lawlibrary.state.mn.us/archive/ctapun/1103/opa101346-0315.pdf