Ramsey County - Child Support - Jurro can you offer some advice?

[bbtb5]

Hi -

Ramsey County is refusing(not nicely, I might add) to pursue child support against my DH's ex.  We were awarded permanent physical in Aug. 2003.  Our stipulation (temporary in June 2002) stated that DH reserves the child support issue, this wording was not changed when the stip when permanent.  Her lawyer sent a letter to Ramsey County stating no change in circumstance (copied no one), Ramsey County says we have no case.  Contacted lawyer, but this being New Years Eve, have not heard anything.  What do we do?  She must pay child support, right?

[jurroppi1]

I would use their own words against them and simply state "the MN DHS believes every child has the right to both financial and emotional support from both parents". Of course that'll go over like a led zeppelin, but it might give you some satisfaction and insight into their twisted way of thinking. If mom is on welfare, then no one will go after her. Built right into the bias of the system is a beautiful little clause that people on public assistance aren't liable for CS, or at least that's how the thought process goes. If you check out the following link, you might better understand what is going on also: [A HREF=http://www.revisor.leg.state.mn.us/stats/518/551.html" Target="new]518.551 Maintenance and support payments[/A]. I always thought there was a minimum level of support required regardless of income if there was at least some ability to earn (you know you can always get a job at minimum wage somewhere), but they don't always impute income when the obligor is female. You can bet your ass they'll do it every time to a male. 551/month obligor NET income is the bottom cutoff for straight guidelines determination, and at that it's 16%. At that level of income you're talking less than 90 bucks a month in CS. You have to decide if all the legal costs are even worth it at that point. You could spend about 3 grand on attorney's fees, and at 88.16 a month, or even less, it would take 34 months (almost 3 years) to break even on the attorney's fees alone.

Of course, if you can prove that she makes more, then it might be worth the time and money, but if she's on public assistance, I believe they don't even consider than income. Plus, there is a clause that the obligor is supposed to be allowed at least 100% of the poverty level as a self reserve for usual living expenses. Welfare is generally just at that level, so you're S.O.L. when it comes to getting money from mommy. Again, if roles were reversed, they'd tell dad to get a job, and impute his income to at least minimum wage regardless. I would ask the court to impute her income and apply the statute properly/fairly.

[bbtb5]

thanks for the answer.  I totally agree with your statments.  She is not on Welfare and currently makes more than DH.  Of course, when he was paying child support to her, there was none of this playing around with when or if he needed to pay.  In her book it is necessary for him to support his children, but not in the reverse.  Our lawyer is working on this matter but who knows how long it will take.  According to the Attorney at Ramsey County, he wants to see wording that states change in circumstance.  May mean a motion for a judge to sign.  Thanks again, I knew you would have some words of advice and I appreciate it.

[jurroppi1]

if she never paid CS, and the order states that the matter of CS is reserved, then you shouldn't need to show a change in circumstances in order to initiate a CS proceeding! This isn't a CS modification hearing (at least technically it isn't), if the above is true. Also, if she currently pays nothing, and she earns enough money that requires her to pay at least 50 dollars a month, then there IS a significant change in circumstances anyhow!

[bbtb5]

I totally agree.  This isn't rocket science, just reversed roles.  Ramsey County sent us a letter today asking if we wanted to continue (duh) and if we were going to provide them with documentation that states change in circumstances.  You know if Dh were a woman........we wouldn't be having this conversation.  Pisses me off.  Thanks again for your advice.