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County of Washington, et al., petitioners, Respondents, vs. James M. Johnson, Appellant. C2-97-42, Court of Appeals Published, August 26, 1997.

STATE OF MINNESOTA IN COURT OF APPEALS C2-97-42 County of Washington, et al., petitioners, Respondents, vs. James M. Johnson, Appellant. Filed August 26, 1997 Affirmed Peterson, Judge Washington County District Court File No. F493101115 Richard M. Arney, Washington County Attorney, Deborah Kraus, Assistant County Attorney, Washington County Government Center, 14900 61st Street North, P.O. Box 6, Stillwater, MN 55082 (for respondent County of Washington) John Scott McDonald, Lawson, Marshall, McDonald & Galowitz, P.A., 3880 Laverne Avenue North, Lake Elmo, MN 55042 (for respondent Karin Holmberg-Kimble) Del Blocher, Cummins, Gervais & Blocher, Ltd., 363 Fifth Avenue North, Bayport, MN 55003-1221 (for appellant) Considered and decided by Peterson, Presiding Judge, Norton, Judge, and Amundson, Judge. SYLLABUS 1. When the issue of support is reserved in a paternity action and a party later brings an administrative action to establish support, the retrospective limitations period for retroactive support begins running when the administrative action is commenced. 2. The district court has discretion to establish a support obligation. OPINION PETERSON, Judge Respondents Washington County and Karin Holmberg-Kimble brought this administrative action to establish appellant James Johnson's child support obligation. On appeal, Johnson argues that the administrative law judge (ALJ) erred in awarding Holmberg-Kimble retroactive support for the two-year period before this action was commenced and in declining to deviate downward from the guidelines in setting his support obligation. We affirm. FACTS In 1992, Washington County and Holmberg-Kimble began a paternity action against Johnson. In an order filed October 7, 1992, the district court adjudicated Johnson the father of Holmberg-Kimble's two minor children. The order expressly reserved the issues of ongoing child support and AFDC reimbursement. In 1993, Washington County began a reimbursement action against Johnson, requesting reimbursement for AFDC paid to Holmberg-Kimble from April 1990 through November 1992. The district court awarded Washington County the requested reimbursement.

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County of Washington, et al., petitioners, Respondents, vs. James M. Johnson, Appellant. C2-97-42, Court of Appeals Published, August 26, 1997.

In December 1995, Washington County sent Johnson a letter notifying him of an administrative action to establish his child support obligation. On August 26, 1996, Johnson was served with a proposed order establishing his support obligation. Johnson requested a hearing to contest the proposed order. Following the hearing, the ALJ ordered Johnson to pay $422 per month for ongoing support in accordance with the guidelines and also awarded Holmberg-Kimble retroactive support for September 1, 1994 through August 31, 1996. ISSUES 1. Did the ALJ err in awarding Holmberg-Kimble child support for the two-year period before this action was commenced? 2. Did the ALJ err in declining to deviate downward from the guidelines in setting Johnson's support obligation? ANALYSIS I. Statutory construction is a question of law subject to de novo review. Schumacher v. Ihrke, 469 N.W.2d 329, 332 (Minn. App. 1991). Reimbursement actions are governed by Minn. Stat.

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