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my exhusband got a dwi a year ago and lost his license so he

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my exhusband got a dwi a year ago and lost his license so he quit his job and now has a job that pays 80 percent less and wants to reduce child support. Can he do this?
Submitted: 4 years ago.
Category: Family Law
Expert:  LawHelpNow replied 4 years ago.

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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.

 

I truly hope all works out for you. I know this is a lot to take in, so please do not hesitate to write back. After you select "Accept", our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.

 

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Customer: replied 4 years ago.

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?

Expert:  LawHelpNow replied 4 years ago.

Hello again,

 

Thanks for writing back -- good to hear from you.

 

You are quite welcome-- my pleasure to be of service.

 

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.

 

Take care and thanks again for choosing JustAnswer®!

 

LawHelpNow and 9 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
would the judge consider that he could get a second job? Wouldnt the judge say to him the reason your in the perdicament your in is your fault?
Expert:  LawHelpNow replied 4 years ago.

Hello again,

 

Once you accept my answer to give me credit for my work, as I receive no salary or wages for my time and services, I will gladly continue our dialog and answer your additional new questions for no additional charge.

 

Thanks!

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