Legal Question in Family Law in Minnesota
I have had joint physical and legal custody for the last six years. We do not pay each other child support unless one parent is unable to share equal time. This has occured once when I had to work in Canada for a month. She quit her job six months ago and has stated (in an email) she now wants child support based off her zero income, and for it to be retroactive from when she quit. She lives in a 3000sq ft home, 34ft powerboat, 3 cars, horse... new rich husband. I live in a 800sq ft townhome, 1 car, just my son and I. She doesn't need to work and I feel she wants to inflict monetary harm on me. We have always lived by the philisophy that when my son stays with me I pay for all his needs and vice-versa for her. We split medical, schooling, daycare, after school activities 50/50.
1. can she be awarded retroactive child support?
2. can I keep the current agreement enforced, 50/50 parenting time = no child support?
3. Her husbands income cannot be factored in but can her "living conditions" and lack of expense for it, be compared to mine and factored into the child support issues?
1 Answer from Attorneys
First, child support can never be modified retroactively. It can only be modified back to the day that a Motion was filed.
Second, if a person quits a job, chances are very good, if argued appropriately, that the court will find the person voluntarily underemployed and impute income at their former wage.
Third, certainly her living expenses and contribution to the household expenses can be argued to deviate from the guidelines although , coupled with an argument for imputation of income is a stronger argument.
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