Legal Question in Family Law in Minnesota
My ex-husband is unemployed but makes some money doing freelance. He is currently filing with county court to try and get his child support amount reduced. He's stating a very low income. However he receives money from his family every month for at least $1,000 to pay his rent, electricity, etc. Is it possible that he has to consider that income as well?
1 Answer from Attorneys
First, such a motion must be carefully supported. The burden of proving a change in circumstance falls on the person seeking the modification. There is a significant risk that the court may impute income to the person filing the motion meaning they would face a child support obligation they cannot pay.
Second, in any such motion, the proponent must demonstrate by a preponderance of the evidence:
(1) what happened to the former job,
(2) An aggressive and active job search with the results of that search;
(3) documentation of all financials including self employment./
It is possible that the opposing side will try to include the family money. There are strong arguments against such a use. However, he would be wise to hire experienced legal counsel immediately.
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