Child Support Modification

Pursuant to Minn. Stat. 518A.39, subd. 2, child support may be modified if there has been a substantial change in the gross income of either the obligor or obligee. Since 2007, child support is based upon the gross incomes of both the mother and father (income shares method). Previously child support was a percentage of the obligor's net income. The first time child support is modified using the income shares method, the new child support amount may cause a financial hardship on either the obligor or obligee. As a result, the legislators included 518A.39, subd. 2(k) which states "On the first modification under the income shares method of calculation, the modification of basic support may be limited if the amount of the full variance would create hardship for either the obligor or the obligee." With proper preparation and evidence, an obligor or obligee may successfully limit the modification of child support using this statute.

Parenting time and child support

During consultations, people ask me if parenting time affects child support. The answer is yes it can but it depends. Child support can be reduced depending upon the amount of court ordered parenting time. For instance, if there is no court ordered parenting time, then child support will not be reduced even if the parent exercises parenting time on a regular basis. People should be aware too that if a parent has court ordered parenting time but does not exercise their parenting time, that parent can still get a reduction in child support based upon the percent of court ordered parenting time. This was recently addressed by the Court of Appeals in an unpublished opinion, Hesse v. Hesse, A08-2255 (Minn. App. 12/1/2009) (Minn. Appl. 2009). In this case, the father had court ordered parenting time of more than 45.1%; therefore, he met the requirement for a reduction in his child support obligation. The mother argued that since the father did not exercise his two weeks of vacation, his parenting time was less than 45.1%. Minn. Stat. 518A.36, subd. 1(a) states that the "percentage of parenting time means the percentage of time a child is scheduled to spend with the parent during a calendar year according to a court order." As a result, the child support was modified based on the court ordered percentage of parenting time and not the amount of actual parenting time that the father exercised during a calendar year.

Thanksgiving

At this time of year, there is much to be thankful for. Even those individuals who are going through divorces, having child support difficulties, or are frustrated with their parenting time, can find something to be thankful for. For instance, the health of their children, their friends and family, food, clothing, and shelter. That is not to say that life is not hard, but there is always something to be thankful for. My hope for you is that you can find a golden lining in the midst of life's conflicts. In the St. Francis/Nowthen area, we are blessed with the beauty of lakes and the Rum River. May you also find a blessing in your present circumstances.

Happy Holidays!

New Law Firm in St. Francis MN

Announcement: St. Francis, Minnesota has a new law firm in town. H. Swisher Law Firm LLC. Please let me introduce myself, I am Heidi A. Swisher, Esq. I have a major in Family Relationships, worked as a child support officer and legal assistant for Anoka County, and have been an attorney for over three years. I practice in the area of family law which includes divorce, child support, child custody, parenting time (visitation), paternity, spousal mainteance (alimony) and moving children out of the state. I am especially well acquainted with child support since I worked as a child support officer for two years and as a legal assistant working on child support/paternity cases. In two months, I will also be doing wills, health care directives, and power of attorney. My goal is to be the general small town attorney for the City of St. Francis, MN.

This blog will be used to post new developments in family law which will include case law and statutory law. Thankyou for visiting my blog!!