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State Message Forums => Minnesota State Forum => Topic started by: tulip on Mar 13, 2004, 03:37:04 PM

Title: Question about child support review
Post by: tulip on Mar 13, 2004, 03:37:04 PM
BM just received motion to modify support. Reasons stated are 1) Custody was changed Dec 23, and they now have joint 50/50 physical custody 2)DH lost his job on Feb 1 due to company restructuring. He is now collecting unemployment insurance.

She, of course, is very upset about the fact that he is asking to follow state guidlines on support now that he lost his job. When they were divorced, his support was reduced because his two older were living in his home. Now the oldest of them has moved out, and the other turned 18 in Feb, and is in 12th grade. DH also has received significant pay increases since cs was set at the time of their divorce, but he also is now raising our two younger children.

My question is this: She claims that he has to disclose MY income and she will be entitled to a percentage of it, from the time that we were married, and that she can have the amount he was paying over the last few years reviewed, and be awarded back-pay, if they decide the amount he was ordered to pay was not appropriate. Is this true?
Title: RE: Question about child support review
Post by: lucky on Mar 14, 2004, 11:49:05 AM
In MN, they base the change on the date the motion was filed.  Therefore they can't award "back pay".  However, they CAN look at his earnings and decide that since that is what he used to earn, he can do so again.  

The paperwork says that an SO's or new spouse's income ONLY has to be disclosed if the obligor is claiming subsequent children -- which in your dh's case you are.  However, the ONLY reason for disclosing that info is to determine whether the obligor should have his/her cs reduced because of supporting subsequent children.  They cannot take any of your income to pay her, but they MAY be able to increase his cs if you contribute substantially to the subsequent children's support.

This is why I decided not to include our ds (the only subsequent child) when we petitioned to have cs reduced a couple weeks ago when dh lost his job.  That witch does NOT need to know my income and I do NOT want cs increased because I substantially support my son and they figure dh doesn't have to.  Not sure if it's a good idea or not, but I work for the state and make pretty good money -- none of it will ever, even indirectly go to either of dh's ex's.

This is how I understand it to work anyway.
Title: RE: Question about child support review
Post by: tulip on Mar 15, 2004, 01:04:11 PM
Well, when we filled out the forms, one of the questions was to list the other children living in the home, so we did. But he is not asking them to deviate from the guidlines because of the other children. The form also asked for my income, and I just answered that it varies, because I am self-employed. I think she is just mad because she knows she can't stop him from doing this.

According to the guidelines, he would pay 25% of his income, and that would be less than what he is paying now. But they also have joint custody now, so that 25% should at least be cut in half. We are certainly not asking to deviate from these guidelines because of the other kids, so it should be pretty simple. I can't wait for someone to tell her that she is just as responsible as he is to support their kids, and herself.

Thanks for your help.
Title: RE: Question about child support review
Post by: lucky on Mar 15, 2004, 03:33:12 PM
Then I misunderstood.  You shouldn't have to give your info if you aren't asking for the deviation.  That is how I read the forms when we filled them out a few weeks ago.

I hope you have a good hearing and she gets what she deserves!!  )(