How do I get my child support dropped when we have a 50/50 custody agreement??

Asked 10 months ago - Menahga, MN

My sons father and I have a 50/50 custody agreement(or atleast its suppose to be) and he only lets me see him every other weekend n every other year for holidays even though i ask for and want more time with him and yet I have to pay over $250 a month in support. Its so hard to afford the things that my other two children need with this. What can I do to either drop the support or get to see him more?? Please Help

Attorney answers (2)

  1. Matthew Thomas Majeski


    Contributor Level 18

    Answered . You need to motion the court where the support order is to modify support based on change to the parenting time schedule. There are specific requirements for this. Until you do this, the old court order (and the assumption of unequal parenting time) will still be applied.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more
  2. Tricia Dwyer

    Contributor Level 18

    Answered . Hello. I recommend that you have attorney help with this. You should seek help right away. If you reside in a somewhat remote area, know that any Minnesota licensed attorney may assist you. Typically, certain Minnesota 'guidelines' are used in calculating child support. An experienced and knowledgeable attorney may help you with making the possible claim for a 'downward deviation' or 'downward departure' in child support. It is critically important that such a claim is well-prepared for the judicial officer who will be deciding the issue. The attorney assisting you will address the matter of your parenting time with you, too; obviously you have mixed issues. This website provides general information and principles of law, and you definitely need private attorney counsel. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

    St. Cloud/Twin Cites. Call 612-296-9666 for a consultation: PARENTING TIME EXPEDITOR, FAMILY LAW MEDIATOR, CHILD... more
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