Legal Question in Family Law in Minnesota

EX coming after more money.......

My ex husband comes after me every 2 years to renegiotate higher child support. I live with a man who makes a great income and my question is this. Should I let my new man take on the mortgage note with my name only on the title? Will this help or hinder me if my ex comes after me to get more money. My income has not changed but I know live with someone so we have dual incomes. I just went through a bankruptcy and my interest rate is too high on my current mortgage. It makes sense to let my new man take on the mortgage note himself to refi and get a low interest rate. Do you think this is smart?


Asked on 3/08/07, 10:18 am

1 Answer from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: EX coming after more money.......

Thank you for your question. In general, your mortgage expense is irrelevant to the calculation of child support. It does not matter who pays the mortgage, since your child support will not be higher or lower no matter who is paying. Child support is based on income, and not on your income after personal expenses.

From your question I am guessing that what you are referring to are not only requests to modify child support, but cost of living adjustments -- COLA adjustments. These are usually done every two years. You will receive a notice from the county that indicates the cost of living has increased, and that your child support will be increased by some (usually small) amount. If your income has not increased by the same percentage as the increase in the cost of living, you can object to the COLA increase by requesting a hearing and appearing before a child support magistrate. You will need to produce evidence of your income to show that this is true. And, once again, your mortgage payments are irrelevant to this.

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Answered on 3/08/07, 10:38 am


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