Legal Question in Family Law in Minnesota
Child support
I was re-married a year after my divorce. Both my ex and I had legal and physical custody of our son. My ex decided to go after full custody 2 years after our divorce. He has since had medical problems, and so have I. I was a at home mom for our 3 children for my almost 25 year marriage. I only starting working part time when our youngest son was in school. Since I have been married, I have had back surgery, and need more done, and had to quit my part time job. My ex is now going after me for child support, and with me not working, can they count my new husbands income to base support on? Please let me know, as if they can, I have to decide what to do. Thank you very much.
2 Answers from Attorneys
Re: Child support
Your husband's income cannot be considered for child support. They may still award child support if the court determines that you have the ability to work.
You may wish to review our article on child support loated on our web page at http://www.divorceprofessionals.com
Re: Child support
The answer to your question is no.
The focus should be only on your ability to earn. Unless you can show that you have absolutely no ability to earn anything, you will probably be ordered to pay a small amount. It will not be based upon your husband's income, however.
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