Legal Question in Family Law in Minnesota
The father of my child is trying to modify child support. He is using his 2012 total income and his belief that since our daughter is in school now, she is not attending child care anymore. However, the fact of the matter is, she attends before and after school day care during the school year. My question is this: Will the judge change the child support order based on his 2012 income or will the judge base it on his current hourly wage? The child support was set up in 2010 and as far as I know, he still makes the same amount, if not more, because he still works at the same place. If he worked full time, then he should have made about $4,000 more than he did in 2012. So again, will the judge modify child support based on his 2012 income or his current hourly wage?
1 Answer from Attorneys
The matter would have to be reviewed in its entirety. Whether the court uses a 2012 average depends on the nature of the employment and whether overtime is included in a child support calculation under statute. Some jobs have seasonal fluctuations in income, such as construction positions.
You must have your case reviewed by counsel.
Maury D. Beaulier
Attorney at Law (612) 240-8005
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