New Child support guidelines in Minnesota - I am very surprised

[spinner]

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?

[leon]

if you wnat to play in there back yard, then yes they can take all the time they want, its there money alloted to them,
in that same token you can file into the court youreself, without there assistance.

[spinner]

no actually pro-se have to have their motion screened by the self help center and they will refuse to approve it and thus not give you an appointment

[MixedBag]

GA had something similar happen to them this year too.

Think about it from the outside, and not the inside.

If EVERYONE filed to have their CS reviewed, then new cases where CS needs to be established for the sake of the children are not gonna get heard as quickly as necessary.

Heck, IMHO if you ask most folks, they can't get into court quick enough as it is in order to get basic stuff established on a temporary basis.

Which means some children are left with a parent who is struggling to put food on the table for them this week while they are trying to figure out how to make ends meet during the shock of splitting finances and liabilities and stuff.

Here's a question I would be asking:  When I file for a CS adjustment, will the effective date be retroactive back to the date I filed?  

If so, then yes, in your case if it goes down, then you should receive a credit of some sorts.  If it goes up, then....you better be putting some aside now.

Lawmakers are thinking of the system as a whole and how it would affect everyone as a group.

[spinner]

well yes and no,
I agree that the intent is to push away cases to2008 to unload the load however they only do new cases and few reviews.
comes january 2008, the problem will be the same.

so yes thinking out of the box, I understand that however that is not really gona help. you can say everyone in 2010 the problem is the same they will all rush in whenever the date will be.

cases are suppose to be retroactive to the date however they never are. when ever the order is writen is when the order is applyed, ... very very very few orders are retroactive.

I got my case passed the issue but my question still stand.
I understand the reasons but really the law should be the law.

Take my IRS example; could I tell the IRS that I am not ready this year and will only increase my tax next year ?
Will the IRS make a law because everyone rush to pay a new tax? no they will process it of course. do they delay refunds? maybe :)

but the point is that a new law is applicable in 2007 there is no statute that says "and if you have long feet or green eyes it's 2008 for you"

[leon]

Not to be rude, but under who's authority does a Pro-se Case have to be reviewed by the Social Services"and yes that is the Social Services"
Boy you all need to come to grip, and put some law behind you.
Just for thought, no rule of court can abrogate youre rights, "Subdue" if you will, I Pro-Se in the federal courts, just fine,
I would find out who allegedly made that law, and pursue it, because it would not stand if challenged, the state cannot force you to Bias Representantion, nor can it Force you to except Benefits.

[spinner]

exactly my point.
the court makes it mandatory and will not accept the motion otherwise

so exactly my point.

why are all these rights and law broken

how to chalenge it
how to pursue it
that's my point !!!