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Author Topic: why is the new law not the new law ?  (Read 3810 times)

spinner

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why is the new law not the new law ?
« on: Feb 04, 2007, 07:59:25 PM »
Hi Everyone.
There is a new law passed in summer of 2005 that as of Januar 1 2007 changes the child support calculation to an income shared model.
http://www.house.leg.state.mn.us/bills/billnum.asp?Billnumber=SF630&ls_year=84&session_year=2005&session_number=0&Go.x=11&Go.y=7

so ok, the new laws put guidelines and what not for what not and gives the judge the discretion of, ...

So came january 1 2007 and the Child Support services and the self help centers as well as court forms for motions, ... ALL states that the law applies to only new cases in 2007 and old cases will have a review in 2008 unless
- both parents agree
- gross income has changed of the obligor of 20%
- new circumstances for health or child care
- public assistance, ..

roughly that's it.
So of course you can buypass all this mumbo jumbo by simply saying your income is over 20% more and have a review which lowers it but the CS office puts a hudge amount of effort to tell us (obligors and obligee) that there cannot be a review in 2007. The same person that before told me they couldn't give me any "legal advises" now are very happy to give me the legal advises that I cannot file unless :), ...

Even the self help forms all have that in it and if you do not have one of the reasons they will not approve your screening motion.
Even an attorney told me no unless I had one of the special reasons, ...

HOWEVER.
There is no where in the law that says that. So the CS office chooses to apply the law to their liking to avoid a rush of everyone to court and reduce their CS but what I am surprised and the reason for this post is: how can they do this? isn't a law a law and if in effect in january 2007 then it comes in effect then.

It feels to me that it's a violation of the law to do this. Of course the judges applies the law and if you get past that misinformation and file then they will listen to you.

But is it legal for the governement to simply say: of there is a new law but sorry, next year for you. I mean what would IRS say if I file my tax and say: forget your new rule bla I'll only apply it next year ?!?!?!

So why is this happening? are there any legal recourses?


Sunshine1

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RE: why is the new law not the new law ?
« Reply #1 on: Feb 16, 2007, 05:29:28 PM »
I too have a beef with this new law.  My worker has taken it upon herself to pick and choose what she determines the rules to be.  I am not sure how I would end up if we used both our incomes.  Honestly, I did the calculation on the DHS website and I came out with more....but I don't know all the little hidden things they take out, put in.  Etc..

Have you calculated yours?  My understanding is, if you file your own modification according to the law, they have to imput the new guidelines.  Anyone just newly gettting a divorce or applying for CS, the law also applies.

spinner

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RE: why is the new law not the new law ?
« Reply #2 on: Feb 16, 2007, 06:05:03 PM »
well you can file the motion and I discovered today that this motion to have CS changed doesn't need to be "screened" so anyone can walk in and file one.

However the judge can then deny it or not depending on facts or not, ...

the bottom line and that is stupid is that if you have a change in salary then you can change support, if you have a change in insurance you can change the insurance part, ...

The case workers also you have to remember are lazy peoples so they don't want to do too much work and this new law further reduce CS for most of the father thus the CS office is loosing millions due to this (they live of the 1% they charge to take the money) so they are trying to keep their job as long as they can.

Mine is even more complicated as if you count the number of nights I have my kid 46% eventhough in the current divorce decree she has full physical custody and me parenting time so I need to prove as well the number of nights without changing custody as this is another motion, ... :)

my support under the night rule would be way less for me.


The bottom line for you and I don't know all the details on pay or not but if this is to your advantage, then file a motion, ... for 55$, let the judge rule. If not in your favor then say nothing and let them wait.

There are tricks to the new rule for example I am the one that pays CS to the other so I can say my salary is 20% more thus we can have the motion and then the motion new calculation foinds that it is cheaper for me. :)

I am still waiting on mine, we are finishing a contempt motion on the other party first then I will do the other motion for CS changes.

Please let me know how yours go but remember, the case worker is not on your side either way. they dread the modification like a desease as this means job lost for some of them in the next 2 years so go to the self help center on monday, wednesday, friday at 10:00 am they have free workshop and file it on your own.

TJRodolph

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RE: why is the new law not the new law ?
« Reply #3 on: Apr 04, 2007, 08:59:36 AM »
This new law of including the custodial parent's income in determining child support.....does it work if the mother moved out of state a few years ago? The CS order is still enforced thru MN, and the orders show that mother moved without dad's consent or permission from the court. Would the CS office just be able to say "we cannot obtain the income of the mother as she lives out of state."  ??

spinner

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RE: why is the new law not the new law ?
« Reply #4 on: Apr 04, 2007, 09:21:21 AM »
if the order and calculation thus motion is in MN then yes it applies regardless of where mum lives


 

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