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My husband pays child support to someone. i own a business, can they use that to determine his paymnts since he is married to me

Minneapolis, MN |

my husband doesn't work but helps out with my business. i own a business with someone else. can child support use my share of the profit to determine how much he has to pay to the other person in child support. I heard that if I am supporting him, they can use my asset/profit since he is married to me.

Attorney Answers 2

  1. No. Your income should have no influence on your husband's child support for a child that's not yours.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

  2. It is correct that they cannot consider your income to determine his child support. They will likely use the figure of 1.5 times the federal minimum wage as his income level. It is possible that they could determine the type of work that he is doing to help, and try place a value on those services, as potential income. Basically, unless he is physically disabled, they will use some level of income for him in the calculation, even if he is not actually receiving it. To determine that, they may be very interested in the exact tasks he does for you, because they will try to fit him in to a definition on the Wage and Salary Survey for Minnesota, and use that figure. If they do serve discovery on you, as a third party, you have significant rights, and you should contact an attorney right away. For example, you may be entitled to compensation beyond just the normal witness fees.

    Nothing herein creates an attorney client relationship, unless and until the firm is retained. Free initial consultations are available at our offices in Edina and Lake Elmo (near Woodbury for those unfamiliar with Lake Elmo!). 651 714 2378.

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