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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31985
Experience:  JD, 16 years legal experience including family law
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My ex wifes attorney has filed a motion of increase for child

Resolved Question:

My ex wife's attorney has filed a motion of increase for child support on my two children. It would increase the amount I pay by 85%. Can the courts increase my support by this much? Also his calculations do not include my employer provided health insurance which my kids have been covered under since birth. Should'nt this be in the calculation? even if its not part of my taxable income?

Pete in MN
Submitted: 4 years ago.
Category: Family Law
Expert:  Tina replied 4 years ago.
Yes. The court has the authority to increase support by any amount that is in accord with state child support guidelines.

I would go to the following link and determine the amount of support you should be ordered to pay based on your various circumstances. Any premiums you pay for health insurance should be considered, but not amounts paid by your employer, so your attorney may or may not be right depending on the totality of the situation.

http://childsupportcalculator.dhs.state.mn.us/

Best regards XXXXX XXXXX

Tina

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Customer: replied 4 years ago.
My family's health coverage is provided by my labor. Even though it is paid by my employer, It is paid on my behalf and the amount is bargained by me as a union member as part of our contract. For every hour that I work, $7.33 is contributed to my health fund. This is providing health coverage to my children. How can this not be considered in a "child support" calculation? If I wasnt working they wouldnt have health insurance.
Expert:  Tina replied 4 years ago.
I understand your argument, but I don't make the law. I answer legal questions about laws I have not made and could spend a lifetime trying to change, without success.

I'm sorry. I cannot provide you with incorrect information. It is what it is unfortunately.

If the motion to modify falls within the state guidelines, then the state legislature is the one to complain to about the current status of the law.

Take care.



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Customer: replied 4 years ago.
Could I take it to court and argue my point to a judge? Perhaps this would be a better option than just being railroaded by attorneys. What do I have to loose other than legal fees? If they have me paying the full amount with no other considerations, shouldnt I at least try to get in front of a judge?
Expert:  Tina replied 4 years ago.
Yes. If you do not believe your attorneys are protecting your best interests and you are more concerned about the eventual order than you are about incurring additional fees, then you can certainly make this argument.

However, I must tell you that it is likely to fall on deaf ears IF the request for the increase in support does fall within the established guidelines. This is the case, because the court cannot change the law that the legislature has set forth, no matter how many times you might have heard this is possible. It simply is not where there is no ambiguity in the law.

Good luck to you!
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31985
Experience: JD, 16 years legal experience including family law
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