Legal Question in Family Law in Minnesota

How is income determined in child support award

My child is 18 1/2. He moved out of my house and has in with grandma voluntarily about 1 year ago. For the past 2 years he has enrolled in school, but fails to attend. He has not completed one credit in 2 years. My mother has served the child's father and myself with child support papers. I have been a stay at home mom for 12 years. My husband provides for my family. I understand the legal defintion of a child. Is this up for interpretation? Technically he is in secondary school as he is keeps enrolling, he just doesn't go. Also, how will the court decide my income if it determines child support is warranted? Can my husbands income be considered?


Asked on 6/19/03, 1:56 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: How is income determined in child support award

Thank you for the question. Visit us online at http://www.divorceprofessionals.com

First, so long as the child is makingreasonable efforts to complete secondary schol, and before the age of 21, the Court can award child support. What constuitues reasonable efforts is a matter of discretion and something that must be argued ot the Court.

Any determinationof child suport cannot consider your spouse's income for setting it based on statutory guidelines. However, his income may be considered to the extent he contributes or reduces your monthly expenses. There is a presumption under statute that if you have no income, child supportshould be based on 150% of minimum wage.

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Answered on 6/19/03, 3:50 pm


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