Legal Question in Family Law in Minnesota

Filed for a Joint Dissolution on 06/10/2011 and agreed to joint custody 50/50. I work FT and she works PT. When we filed and filled out the Child Support Calculator, it showed that if ordered, I would pay $125 a month in Child Support.

I just found out that my soon to be ex wife has been getting assistance on everything (food, housing, and daycare) and she has been contemplating quitting her PT job as even with the assistance she cannot afford daycare.

If ordered to pay child support, with the amount I pay increase at all due to her quitting her job?

Asked on 7/14/11, 8:23 am

2 Answers from Attorneys

Heidi Swisher Joslin & Moore Law Offices

The child support will not automatically change. First, you will have to appear for a hearing for your divorce and at that time the judge will let you know whether or not he/she will approve the terms of your divorce. If your wife has quit her job by that time, the judge might not approve the child support at $125. It will depend on the circumstances, what you testify, and the judge. If child support is ordered at $125 and then your wife quits her job, that still does not mean that the child support will automatically change. Your wife will or the county will have to motion the court to modify your child support.

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Answered on 7/14/11, 8:36 am

Maury Beaulier612.240.8005 Minnesota Lawyers

If public assistance was paid, the county should have been made a party to any action where child support was determined. The county is likely to commence an action to seek reimbursement for proceeds expended and, in that legal action, your child support may be modified.

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Answered on 7/14/11, 12:19 pm

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