Legal Question in Family Law in Minnesota

Re: Support modification

The new spouse's income has no impact on child support and is specifically excluded under Minnesota statutes.

Re: Support modification

Thank you for your question. The simple answer is, no, you are not entitled to a modification of support. Support is based on your income and hers, and does not take into account income from a new spouse.

That being said, it is possible that there is some basis for modifying support, depending on how old the existing obligation is (that is, does it pre-date the change in the law in 07?), and whether or not there may have been other changes in circumstances that would affect the calculation of support under the current guidelines (such as a decrease in your earnings, or an increase in your ex-wife's).

It makes no difference that you once asked to "pay 1/2 of all expenses." It sounds as though you agreed to give your ex-wife physical custody, and that support was calculated under the child support guidelines. The question now is whether there has been a "change in circumstances" within the meaning of the law. As a matter of law, there has been a "change of circumstances" if the application of the guidelines to your current income results in a support obligation that is at least 20% and $50 greater or lesser than your current support order. In other words, if we apply the child support guidelines to your current circumstances (taking into consideration your income, and hers), and the result is that the recommended support obligation is 20% higher or lower than the current order, then there has been a "substantial change" and support can be modified.

If you have further questions, you may contact my office, 942.285.2944.