COLA and state child support laws changing

[spinner]

Hi,

facts:
- Minnesota changed the child support calculation to a shared income plan.
- The CS office stated that only new cases and cases with enough changes in the income would be touched in 2007 and the others in 2008
- my divorce decree state that I have every other week-end and that day et this and that but does not state the number of night.
- the new income calculation need the number of night to do the calculation.
- under the new calculation I would have enough nights to be considered shared custody for CS calculation even though the divorce decree doesn't state it.

the problem:
I have filed a motion for another reason and as part of that motion I have asked the judge to order a new child support calculation and if the judge doesn't order it then I can file a motion for CS update. However the judge has not yet ruled on the first motion

And here is where we add to it all and thus my question:
The CS office is filing a COLA increase that I can stop by filing a motion to stop COLA but since the judge has not yet ruled on the first motion, ... should I file a motion to stop the COLA?

Or should I file a motion to change child support?  I am a little lost

[MixedBag]

O.K., NOT an attorney, but some experience with several motions hanging out there.

When I filed a "Clarification" motion, my EX filed for a CS review (retaliation, but he'll never admit to it).

Then EX didn't send our son, so I filed a contempt motion, and he filed an emergency motion to get permission NOT to send our son -- which the judge deemed to really be an answer to my contempt motion.

You can request to the court that all motions be heard at the same time.
The CS review was set for the same day the clarification motion was to be heard on....and then the other two motions were added.

SO, when we walked out, the judge did an order addressing all 4 motions presented to the court.

One last thing, I'm not in your state, SO, there may be a difference in how YOUR state handles it.

[mistoffolees]

A lot will also depend on the judge.

We have a judge who has a reputation of not liking anyone to make any more work for him. He tends to lump EVERYTHING into one case if he can. Other judges in the same district are more selective in lumping only related issues together.