Legal Question in Family Law in Minnesota

I live in Minnesota. I have an Order for Joint Legal Custody of my 3 yo daughter. Her Mother has Sole Physical Custody. I pay my child support that includes basic + medical - parenting time. I'm charged with 73% of her COL. I currently pay $418/month after subtracting $19 a month for the cost of insurance. Although insurance rates rise every year, MN only deducts $19 after the 2% biannual increase. In 2009, I didn't receive a raise. In 2010, $.50/hr. I don't know if I'll get a raise next year but I anticipate higher insurance prices. When the Order was handed down my premiums were $76/month (Thus the $19 deduction.) Now I pay $172 and with the new law, I know the costs will rise next year before the next COLA is to kick in. I'm wondering what's the best route for relief: A Motion to Modify Child Support or Motion to Stop COLA? A combination or something else. Any help would be greatly appreciated.


Asked on 10/07/10, 1:33 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

The answer would require a careful review of your income and the child suport guidelines. Only if the application of the guidelines results in a "substantial change" as defined by Minnesota statutes should you file a Motion to modify child support.

You may always challenge a COLA if your income since the last order has not increased commensurate with the Cost of Living.

For Minnesota issues visit divorceprofessionals.com

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Answered on 10/12/10, 2:01 pm


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