Legal Question in Family Law in Minnesota

child support reversed

I share physical and legal custody of my daughter with her father. Our visitation is split 60% me, and 40% him. I was married this past april. My husband was offered a good job in Virginia, and we have to move. My daughter's father currently pays me child support of $32.00/ month. He wont let us move with our daughter therefore the state may keep her here with her dad. He will have her the school year, and has threatened to take us to court for child support. Can the state base cild support off of my husband's income? I am a stay at home mom.


Asked on 6/08/06, 10:54 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: child support reversed

First, if you share physical custody, reloacting with the child will not be easy, you must file a Motion with the court to seek that permission and for it to be granted, you must demonstrate that the relocation is in the child's best interests.

Child support may never be based on your spouse's income. If, however, you are not working, the court may impute income to you based on your earning capacity and use that imputed figure to calculate support.

For a consultation visit divorceprofessionals.com

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Answered on 6/08/06, 1:32 pm


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