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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33769
Experience:  Attorney with 15 years experience
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Due to a job change for me and a large increase in income

Customer Question

Due to a job change for me and a large increase in income for my ex-wife, we will be recalculating my child support payments. My question is, in mn, does the living situation of the receiver come into play for the amount I should be paying. My ex wife thinks that it does not, but one of the reason that you are allowed to request a recalculation is cohabitation with another adult. I just don't know how realistic it is to use it or what is usually considered in the state. My ex wife lives with and owns a home with another gentleman. They have lived together for several years. While he is not financially responsible for my son, his income has a direct affect on the living situation that my son is in. We share 50/50 custody.
Submitted: 1 month ago.
Category: Family Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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My question is, in mn, does the living situation of the receiver come into play for the amount I should be paying.

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Yes, it does, but to what extent I can't say. What I mean is that when the receiver begins living with someone else, presumably their expenses would then go down because of cost sharing for things like food, utilities, rent and other expenses. So it is typically less expensive for two people to live together than separately.

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That in turn would result in your ex having more disposable income available which would then reduce the amount that she would be entitled to for support. So how much it might affect it, I can't say, but if it was a drastic difference, like the other person pays all the bills solely, that might make enough of a difference to raise the issue.

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With that said, if you are already going for a modification, it can't hurt to ask the judge to examine that issue along with both of your income changes..

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thanks

Barrister

Customer: replied 1 month ago.
I have been getting conflicting information about what is typical in MN. Some people state that the judges only use the child support calculator and other state that the judge has discretion. Is there a way to find out which way a judge typically leans? How much of a "discount" would be realistic to request or is it simply best to go stand in front of the judge and let him decide?
Expert:  Barrister replied 1 month ago.

Is there a way to find out which way a judge typically leans? How much of a "discount" would be realistic to request or is it simply best to go stand in front of the judge and let him decide?

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Honestly, it is purely subjective for that particular judge as they have a certain amount of discretion in their rulings.. So there is no way to find out if a judge leans one way or another unless you have practiced in front of him/her for years and know how they tend to rule..

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If it were me, I would just raise the issue and then let the judge decide if they wanted to consider it or not. Nothing ventured, nothing gained..

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thanks

Barrister

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