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#21
If I may add,
Often time this is a stupid game that your Ex plays to feel power. Most often it is a power issue.

I have found that even though none of it is true that when my ex knows that I am in financial difficulties that she pays up easyer than other wise.

That if I turn my sentense something like: oh you were suppose to have the kids this week-end? (even though this is not true) Oh, I made plans, so and so are gona be so disapointed, ..... then she gives me the kid extra time (the fact is I know she has to work and loves it when I can get the kids so she doesn't have to run across town to her mom to drop the kids), ....

Somehow my ex (and seems like yours) is on a power trip. then give her power. Mine can only feel happy in life when I am down so I make her believe I am.

something like:
- I really can't take the kids on thursday and friday I have to work.
- well that's it or nothing
- I really can't, my home is "probably" getting forclosed in the next 6 month, I can't take that chance.
- ok, how about friday after your work then till monday?
- oh perfect that will work. thank you (you are the best ex in wht whole world and I could marry you again NOT :)

I hope that can help
#22
if the order and calculation thus motion is in MN then yes it applies regardless of where mum lives
#23
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.
#24
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?
#25
Hi,
I need to have my case reassigned since I have no judges assigned anymore.
Anyone has good names to request ?
Thanks
#26
well I don't know much about the cola part although from other states it seems that they apply the cola just like the old way.

as far as new guideline, there is a calculator on the DHS site.

simply new calculation are done for new cases and for others in 2008 EXCEPT that if a judge has a case in front of him that somehow requires new calculation he will use the new guideline.

up to you to fit in it :)
#27
now that we are in a shared income CS calculation system (or will in 2 weeks)
what will happen to the COLA?
How do you calculate the cola of a CS order when you use 2 parents income ?
#28
http://www.mnfathers.org/documents/MNChildSuppFeb2006.pdf
#29
Minnesota State Forum / RE: new CS calculations?
Nov 08, 2006, 05:03:35 PM
well the problem is to check it out.
when I call the CS office, they will see in 2008, ... don't know, ... haven't got the training, ...

#30
Hi Everyone,
I read the new text on child support and it talks about guidelines of employment for voluntary underemployed parents !?!?1
any one know what these guilines will be ?