Legal Question in Family Law in Minnesota

Re: child support

Nothing changes until he goes to court and asks to have the child support reviewed. Then the question is has there been a substantial change in circumstances making the existing order unfair. Sounds as if there probably has been such a change. But you should sit tight until he decides to make a motion for review in court. If he doesn't pay, he still owes the money until the order is changed - and it usually cannot be changed retroactively. The earliest date it can be changed is the date he files the motion.

Often with a payor such as your husband, when they are unemployed, the court will look at earning capacity and not actual earnings, on the theory that if they have no income they are certainly capable of getting some. Even if he has no income, it is likely that the court would order him to pay something substantial based on his history of earning - but this could still be a reduction in what he is ordered to pay now.

You should be consulting with your worker at the Support and Collections office in the county where you live. You should also find yourself a lawyer and consult with him or her.

Good luck.

This response is for general informational purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the facts of your case.

Re: child support

Thank you for the question. I believe I answered this question from our web site already. However, I have responded again below. Please visit us at http://www.divorceprofessionals.com

Child support may be reviewed at any time if there has been a substantial change of circumstance, meaning an increase or decrease in income or expenses. In order to modify an existing child support obligation, the person seeking the modification must file a motion supported by an affidavit. No child support obligation can be made retroactive. That means, the change (increase or reduction) in child support would only date back, at its earliest, to the date the motion was filed.

Since your ex lost his job, he is likely to have a decrease in income and/or child support. Again, he must file a motion. It is not automatic. At a hearing he would have to document his job loss, his monthly expenses, and his current income. Since your ex was a county attorney, he would not be considered underemployed. At least not immediately. He should qualify for unemployment compensation. As a result, child support would be based on that employment compensation (generally 2/3 of his prior income). He may also be required to provide you with documentation of his job search efforts and inform you when he has been reemployed.

Many Court require a return date and review under such circumstances to ensure that the person is making reasonable efforts to find full time employment.