Rochester, MN asked in Family Law and Child Support for Minnesota

Q: When my ex and I divorced in 2015, we each had a child that was living with us so child support was reserved for future.

Now, my son is at the age of majority and my daughter lives with me. My daughter does not want to live with her mother. I live in Minnesota, and my ex-wife lives in a different state and thinks that a child support calculation would be based off of the state statute of the state she lives in. Our divorce was filed in Minnesota. Is she correct? Or would the child support still be based off of Minnesota statute since that is where the divorce was filed and where my daughter is living with me. Also, she has had many good jobs over the time of our marriage, and now that she knows that she will be made to pay child support, she is underemployed and says that she is living in poverty and can't pay anything. Is there anything that I can do? My divorce also states that we have joint legal custody, but I want to go for sole physical custody. With my ex living in a different state will the judge award this to me? What's the difference between sole physical and custodial parent?

Related Topics:
1 Lawyer Answer
Corwin Kruse
Corwin Kruse
  • Licensed in Minnesota

A: If the decree was entered in MN and your daughter still lives here, the MN child support statute will apply. As for underemployment, this is a fact question and you would need to request her tax returns, pay stubs, and bank records in discovery. The statute allows for support to be based upon potential income (see Minn. Stat. 518A.32).

Physical custody has little practical meaning in MN. What matters is parenting time.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.