Legal Question in Family Law in Minnesota

Child Support

If the mother makes $40K and the father makes $65K and the divorce papers say they have joint legal and physical custody, of the one child, with the childs primary residence being at the mothers house,but, the father has the child 1/3 - 1/2 of the time, what is reasonable child support? Isnt $550/month a little much, when the father pays for just as much as the mother and sees him just as much? There is no other child support paid out or recieved.


Asked on 10/04/00, 8:09 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Child Support

Disclaimer:

This response is for informational purposes only and does not create an attorney-client relationship. Please consult the attorney of your choice concerning the details of your case.

Response:

Well I ran a little quick math using the numbers you provided, and I can say that if it were a true 50-50 split of custody, $550 monthly might be a bit high.

You use the term "primary residence," however, which for me raises the question as to exactly what kind of joint physical custody is it. In a straight up custody split, neither party has primary anything.

Another thing I would ask up front is where did the figure come from. If it is a number that was agreed to, that tends to make it harder to change. In order to change an existing court order, one must show a substantial change in circumstances since the order was issued; and if the order was agreed to one runs into the additional issue of how much of this change was not foreseeable at the time of the agreement.

I strongly suspect you have an agreed to order here because joint custody arrangements such as you describe don't usually come about as the result of court battles.

Good luck. I would need a lot more info before I could comment further.

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Answered on 11/01/00, 5:26 pm


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