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QUESTION: "Can he do this?"
ANSWER: He could certainly file a motion seeking such relief, but that is a world different from actually being granted a downward modification of his child support obligations. In other words, he would bear the burden of proving the statutory elements to be granted a modification, and quitting one's job and driving while intoxicated are not exactly high on the list. In fact, the law recognizes the concept of being intentionally under or unemployed. So, here is the botXXXXX XXXXXne. No one can guarantee what the Court will decide, but I can certainly say that your former husband does not have a compelling case whatsoever based upon your description of the events.
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Since it has been a year will the judge take that into consideration? My exhusband says he has only a 125.00 dollars left at the end of the month after bills, so he is living below proverty will the judge take that into consideration? I told him to get a second job but he refuses because he is exhausted at the end of the day. Will the judge see that i am only working parttime and suggest I get a fulltime job?
Thanks for writing back -- good to hear from you.
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I will be glad to comment further -- please see below.
I have answered your question on the honor system, so I respectfully XXXXX XXXXX you click "Accept" Many thanks in advance!
QUESTION: "Since it has been a year will the judge take that into consideration?"
ANSWER: Yes. This would typically be a factor the Judge will consider.
QUESTION: "My exhusband says he has only a 125.00 dollars left at the end of the month after bills, so he is living below proverty will the judge take that into consideration?"
ANSWER: Yes. It would also be usual for the Judge to consider those issues.
QUESTION: "Will the judge see that i am only working parttime and suggest I get a fulltime job?"
ANSWER: No. The focus of the hearing, should it reach that point, will be upon your former husband and the proper amount of his child support obligations.
Here is a laundry list of the facts to be considered: Minnesota Statutes § 518A.39.
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