Family Law Bulletin Board 21
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- Family Law Discussion Board
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Divorce, Custody, Paternity, Child Support, Child protection, Property Division, Restraining Orders
On this page you may discuss your Wisconsin or Minnesota family law and divorce issues with others or ask a legal question. Please remember to identify your state. For a consultation call 612.240.8005.
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IMPORTANT: Please remember that the bulletin board is open to the public and answers to questions may include answers by non-attorneys. Any information posted should be considered general in nature and may not apply to your individual circumstances. To respond to a message that has been posted, click on the message and hit "reply". To post a new message simply hit "add message." Please review a full listing of our Rules of Use and Disclaimer before posting.
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Subject Not Fraud
Date Sun Jul 5 2009 09:51
Author Maury D. Beaulier
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In Minnesota, generally, child support is based on only one main 40 hour per week job if the person was not working two jobs consistently for two years before child support was originally set. Specifically, MN State 518A.29 states, in part: "(b) Gross income does not include compensation received by a party for employment in excess of a 40-hour work week, provided that: (1) child support is ordered in an amount at least equal to the guideline amount based on gross income not excluded under this clause; and (2) the party demonstrates, and the court finds, that: (i) the excess employment began after the filing of the petition for dissolution or legal separation or a petition related to custody, parenting time, or support; (ii) the excess employment reflects an increase in the work schedule or hours worked over that of the two years immediately preceding the filing of the petition; (iii) the excess employment is voluntary and not a condition of employment; (iv) the excess employment is in the nature of additional, part-time or overtime employment compensable by the hour or fraction of an hour; and (v) the party's compensation structure has not been changed for the purpose of affecting a support or maintenance obligation." |
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