Minn. Stat. § 518A.50

Bauerly v. Bauerly · 2009 1 citation

At oral argument, mother argued that section 518A.52 does not apply to father’s request for compensation for child-support overpayment because the statute applies only to cases in which the public authority is involved because a recipient of child support receives public assistance. Mother’s reading of section 518A.52 is too narrow. In addition to cases involving public assistance, the public authority can be involved in cases in which a party applies for collection services. See Minn. Stat. § 518A.50 (b) (2008) (stating that child support must be paid to the public authority responsible for child-support enforcement where the obligee has applied for public assistance or has applied for child-support-collection services); MinmStat. § 518A.53, subd. 4(a)-(d) (2008) (addressing income-withholding services available through public authority on application of either party). We conclude that section 518A.52 reflects a policy in favor of compensation where overpayment has occurred, but constitutes a mandate only as to the public authority. Section 518A.52 does not limit a district court’s inherent power to grant equitable relief. See DeLa Rosa v. DeLa Rosa, 309 N.W.2d 755, 758 (Minn.1981) (stating that a district court has inherent power to grant equitable relief).