Legal Question in Family Law in Minnesota

Re: child support

There are far too many factors o consider to provide an answer in this forum.

For a complete consultation call 952.746.2122

Re: child support

Thank you for your question. More facts are required to evaluate your question, but perhaps this will give you some general idea of the basic issues.

First, in the event of a divorce, and assuming more or less conventional facts, it is likely you would be awarded the right to stay in the home, at least on a temporary basis, and perhaps indefinitely. Whether you would be awarded the house as part of a final property distribution depends on a variety of factors (the nature and value of other assets, amount of the mortgage payment, among other things.) In general, the court prefers to leave the children in their home with the custodial parent, since this is the least disruptive alternative, but that is only a general rule, and what would happen in your case depends on the facts.

Second, child support is determined by the child support guidelines and is calculated based on the combination of your income and your husband's income. It is not calculated based on need. Thus, it does not matter if your child support award is insufficient to meet your needs (assuming you have custody of the children, and assuming they do not have unique, special needs).

Third, if your income and child support are insufficient to meet your needs, the court can award spousal maintenance (previously called alimony). Whether maintenance could be awarded is a function of your need (after receiving child support) and earnings, and of your husband's earnings and expenses. In general, if your husband's earnings are sufficient to meet his own needs, after paying child support, the court could award maintenance. How much the court would order, and for how long, depends on a variety of facts (length of marriage, your age and employment, your husband's earnings). More information is required to evaluate that issue.

If you have additional questions or need further advice, you may contact me at your convenience. Our contact information is below.

Good luck.

Re: child support

The court prefers to allow the children to remain in the marital home whenever possible. We would therefore have to demonstrate to the court that you could afford the home with the assistance of child support (since we would request that you be granted custody of the children) and with spousal maintenance. Also, we will need to discuss your long term plans with respect to employment, since your children will continue to get older and the court may require you to earn some income of your own (especially when the children are in school all day) to help cover your monthly expenses. Please contact me if you would like a free one hour initial consultation to discuss your situation further.