Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

In the state of MN it states that you can not go back to court

to change your child support...
In the state of MN it states that you can not go back to court to change your child support amount unless there is a 20% change in income levels. Is it possible to go back to court if the individual receiving the child support no longer wants to receive child support? Is there a piece of the child support calculation that takes into account the individual going back to college to finish a degree? Is it better to have the person decline the child support calculation amount up front and add in seperate terms that stated the dollar amount and length of time they will receive it?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 hours by:
7/1/2009
Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,544
Experience: 30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
Verified
YOUR FIRST QUESTION:
     In the state of MN is it possible to go back to court if the individual receiving the child support no longer wants to receive child support?

ANSWER:
     YES, but such a request would most likely be denied by the court, since it would violate the public policy of having both parents share in the obligation for financial support of their children.

     BUT..... if the support obligation is solely between the parents (with no portion being owed to the government as a “state debt,” as might occurs if kids are getting public assistance), your really do not need to go back to court. If the support is being paid and disbursed through the Minnesota Child Support Enforcement Division, the parent who asked for child support services may request that the support enforcement case be closed and all enforcement services be terminated. With the government then no being involved, the matter is entirely private and entirely between the parents. If the individual receiving the child support no longer wants to receive child support, he or she just declines to accept the payment (or simply tells the other parent not to send the money).

YOUR SECOND QUESTION:
     Is there a piece of the child support calculation that takes into account the individual going back to college to finish a degree?

ANSWER:
     Generally, NO, a parent’s decision to forego gainful employment (and abstain from earning money to support his or her children), is not a basis for eliminating or reducing the legal obligation and duty to financially support the children who you brought into the world. In sum, a parent’s desire to go back to college and finish a degree can always be postponed. But the obligation to support one’s children while the children are under age 18 cannot be postponed. So if something has to “give” between paying child support and going back to college, it will be the latter (going back to college), not the former.

YOUR THIRD QUESTION:
     Is it better to have the person decline the child support calculation amount up front and add in separate terms that stated the dollar amount and length of time they will receive it?

ANSWER:
     For divorced and never-married parent, the law requires that parental duties for financial support of their children be established pursuant to a formula and schedule (Child Support Guidelines). As a general rule, the parents are not free to agree between themselves as to the amount of the support obligation and have their decision be binding on the judge or magistrate. You cannot just “decline the child support calculation amount up front.” Support will be calculate and ordered in accordance with the Guidelines. After that is done (and in the absence of “state debt” or support enforcement services from the government), the parents are then free to work out whatever arrangements and agreements the find mutually agreeable. And so long as nobody seeks public assistance (TANF benefits, food stamps, state health insurance, etc.), the government will simply stay out of your lives.

NOTE: I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

================================
    If your THREE QUESTIONS have been satisfactorily answered, please acknowledge by clicking the green “ACCEPT” button located in the upper right hand corner of this post. (We can still engage in further dialogue even after you have accepted the answer already given.) Also, your FEEDBACK comments are requested and appreciated. And I thank you in advance.
Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,544
Experience: 30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
Verified
Lawrence D. Gorin and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Lawrence D. Gorin Your Own Question
Lawrence D. Gorin
Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,544
1,544 Satisfied Customers
Experience: 30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.

Lawrence D. Gorin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
It's regarding a judgment for arrears on child support in
It's regarding a judgment for arrears on child support in Texas … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,244 satisfied customers
I submitted a modification to child support due to my
I submitted a modification to child support due to my current income. My ex wife's attorney has sent an offer and I'd like to decline and discuss the situation during the court date that the clerk has… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Situation: Court order says to pay child support if the
Situation : Court order says to pay child support if the child is living at the mothers home and going to college until the child is 20 years old. What if the child is living in a college dorm does th… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
How can you apply for modification in child support in the
how can you apply for modification in child support in the state of Florida if your job has changed your income … read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers
If someone does not pay child support and they are
If someone does not pay child support and they are remarried, and claim to be unemployed, but their spouse is employed, can child support be collected using their new spouse's income? This is in Flori… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
I am calculating my wife's child support obligation for her
Hi Pearl, my name is Tom. I am calculating my wife's child support obligation for her ex-husband. My wife is disabled and doesn't receive an income of any sorts. She unfortunately worked for a governm… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
Illinois Statute of limitations on Back Child Support
Illinois Statute of limitations on Back Child Support Payments Arrears No statute of limitation after 7/1/97, the law limited enforcement of past-due child support judgements to 20 years. Therefore, a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
What is the age of discontinuing child support if in
what is the age of discontinuing child support if in college … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
My child support order states that payments will continue
my child support order states that payments will continue until "each child" are 18 or graduates. my daughter has graduated june30th but was emancipated from her mothers home on march 29th. my son is … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
For child support in, does the state automatically garnish
For child support in Virginia, does the state automatically garnish my wages from the start of child support or does it only affect if I fall behind on payments?… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
I'm seeking years of unpaid child support. California.
Father of my daughter is property week off lives in Florida in an high income neighborhood. Drives Mercedes Benz he and his live in partner. My daughter has a nine year autistic son who I Have raised sense the age of 15 months old. We are living in subsidized housing and he refuses to help my daughter has had an addiction problem for many years however she's gainfully employed and currently employed. I'm asking for help to get my daughter and grandson in their own place at which time the courts will award her son to her. I'm 69 and I'm on disability. It there a statue of limitations to file for back child support?… read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
In Texas, can child support be deducted from an inheritance
In Texas, can child support be deducted from an inheritance by the non-custodial parent who pays child support at present… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,669 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
Can the court deviate from the ohio child support guidelines
Can the court deviate from the ohio child support guidelines in any child support award? In other words, can the court issue an award that does not fall within the child support guidelines...if so, un… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I have a question about child support guidelines for
I have a question about child support guidelines for Missouri for children over 18. My son has been enrolled in college full time however he did not complete 1/2 his courses the first semester and the… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x