Reducing child support options

Discussion in 'Child Support' started by mn2011a, Sep 30, 2011.

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  1. mn2011a

    mn2011a Law Topic Starter New Member

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    Jurisdiction : Minnesota

    Unmarried Mother of two children (ages 6 and 3) is requested to appear in court. Father has lawyer and is requesting a limit/nullification of future child support and possible limit/nullification of past child support, because Father has limited income potential. This appears to be a case of father vs state over required payments.

    Under which law would Father make this request, and what could Mother do to resist the limit/nullification?
     
  2. Proserpina

    Proserpina Moderator

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    Oh heck no.

    He's not getting out of paying child support. Mom needs to REALLY press the issue. He might, however, get away with paying support based upon min. wage.

    But an order of "no support" is very, very rare.
     
  3. Proserpina

    Proserpina Moderator

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    Also, if he owes arrears to the State, the State is not likely to waive them.
     
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  4. mn2011a

    mn2011a Law Topic Starter New Member

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    Thanks Proserpina.

    Can you provide a little more information on "based on min. wage" as a method to limit (not nullify) past/future child support payments?
     
  5. Proserpina

    Proserpina Moderator

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    Let's clarify first :)

    Past support payments owed to the State are not going to go away, period. Past payments owed to Mom can be negotiated - but the amount will not be lowered retroactively without her permission.

    So, onto current/future support. It's very, very unlikely that no support would be ordered. So Mom can request that Dad be imputed a wage equal to at least 40 hours @ min. wage. Or, what he's capable of earning. Very simply, the children don't need to eat less just because Dad can't work more than min. wage.
     
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  6. army judge

    army judge Super Moderator

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    If the thing you're calling a father is permanently disabled, what he's seeking could be possible. Otherwise, it is more akin to what Proserpina advised.
     
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  7. mn2011a

    mn2011a Law Topic Starter New Member

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    Both Mother and Father have been in "special needs" classes during elementary school and high school. Both of them could likely qualify for mental disability in some way to stay in a group home.
     
  8. Proserpina

    Proserpina Moderator

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    If he's on SSDI, he can (likely would - MN does not treat child support lightly) still be required to pay and if he didn't then SSDI can be garnished.

    If he was on SSI however, that cannot be garnished.
     
  9. army judge

    army judge Super Moderator

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    All true, but, SSI is so small; it wouldn't be worth it.

    SSDI isn't all that much, even if you max it out.

    If I recall correctly, the maximum benefit SS pays (SS or SSDI) is about $2,300.
    Mind you, that is before taxes (if you elect to have those deducted) and the $100 or so they deduct for Medicare!

    But, I suspect someone will go after it.

    What puzzles me is, how in the hell did two people like this breed?

    No need to answer, I know how!!!!

    But, why?????

    And, look who's on the hook for supporting the innocent kids!!!
     
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  10. Proserpina

    Proserpina Moderator

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    I stopped asking myself that question quite awhile ago - it was driving me nutty ;)
     
  11. mn2011a

    mn2011a Law Topic Starter New Member

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    I'm looking up the acronyms, and not really sure we are still on topic.

    Sorry, but I'll restate the question:
    Under which circumstance would Father make a request for limiting future child support, and what could Mother do to resist the limit/nullification?
     
  12. Proserpina

    Proserpina Moderator

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    Hasn't this been asked and answered?

    Dad can file for any number of reasons - whether the court will grant his petition is unanswerable. Mom needs to respond by saying "Please have Dad imputed a wage".

    If Dad has an attorney, Mom really should get an attorney too.

    However as a very general rule, future child support cannot be waived permanently. Child support is always fluid, because circumstances change.
     
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  13. mn2011a

    mn2011a Law Topic Starter New Member

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    I considered it half answered previously, but your last posting put it all together.
    Thanks.
     
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