HOLMBERG v. HOLMBERG

No. C7-97-926, C7-97-1512, C8-97-1132 and C8-98-33.

578 N.W.2d 817 (1998)

In re the Marriage of Sandra Lee HOLMBERG, petitioner, Appellant, v. Ronald Gerald HOLMBERG, Respondent, Denise M. KALIS-FULLER, n/k/a Denise M. Kalis, petitioner, Respondent, v. Lee V. FULLER, Appellant, In re the Marriage of Kristi Sue CARLSON, petitioner, Respondent, v. Steven Alan CARLSON, Appellant, Dakota County, Respondent.

Court of Appeals of Minnesota.

June 12, 1998.


Attorney(s) appearing for the Case

Lawrence H. Crosby, St. Paul, for appellant Sandra Holmberg.

Alexandra B. Klass, A. Minni Alexander, Dorsey & Whitney, L.L.P., Minneapolis, for respondent Ronald Holmberg.

Richard Hermes, Buffalo, for respondent Holmberg children.

Wyman A. Nelson, Wright County Attorney, Terry D. Fraizer, Assistant Wright County Attorney, Buffalo, for respondent Wright County.

Hubert H. Humphrey III, Attorney General, Kim Buechel Mesun, Assistant Attorney General, intervenor respondent attorney general.

Lawrence H. Crosby, N., St. Paul, for appellant Lee Fuller.

Denise M. Kalis, St. Paul, respondent pro se.

Susan E. Gaertner, Ramsey County Attorney, Theresa Walton, Assistant Ramsey County Attorney, for respondent Ramsey County.

Elizabeth Anderson Holt, Holt and Anderson, Burnsville, for respondent Kristi Carlson.

James Backstrom, Dakota County Attorney, Tonya D. Freeman, Assistant County Attorney, for respondent Dakota County.

Mark A. Olson, Olson Law Office, Burnsville, for appellant Steven Carlson.

Hubert H. Humphrey III, Attorney General, Jin-Ho Chung, Assistant Attorney General, intervenor attorney general.

Considered and decided by TOUSSAINT, C.J., and HUSPENI, RANDALL, KLAPHAKE, WILLIS, SHUMAKER and MANSUR, J.


OPINION

KLAPHAKE, Judge.

These consolidated cases are considered by an expanded panel of judges from this court. Each appeal is from a post-judgment child support order issued by an administrative law judge (ALJ) and raises constitutional challenges to the administrative child support process governed by Minn.Stat. § 518.5511 (1996). We address the separation of powers issue and conclude that the administrative child support process constitutes an impermissible...

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