Legal Question in Family Law in Minnesota
How do you calculate childsupport
The father of my daughter quit his job a year and a half ago. He is living with a woman and has a child with her also. He has a diploma for automotive tech and worked that until he took another job in road construction. Since then he has been working out of his garage fixing peoples cars and getting paid cash. He has not paid child support for a year and a half. He hasn't filed taxes in 5 years and has no paystubs to prove his income. He states he makes $800 a month. Then he says he pays his other daughters childcare of $300/month. We will be going to court and CSE doesn't know how to calculate his income. I am not on assistance and I pay our daughters daycare and medical insurance of $239/month.Will I be left with nothing? He states he does odd jobs-but he works on cars all the time.
1 Answer from Attorneys
Re: How do you calculate childsupport
Since the unemployment rate is very low (around 4%) , the Court may find that the father is willfully underemployed. The Court may impute income. That means the Court can find that the father is able to work and has chosedn not to do so and set child support based on what he should be earning.
That does not mean that the father will pay the child support. It does, however, mean that his credit may be affected and he will owe child support.