Written by attorney Eric Carlisle Nelson

Can a New Spouse's Income be Considered in a Minnesota Child Support or Spousal Maintenance Case?

Strictly speaking, a new spouse’s income may not be considered when determining spousal maintenance or child support issues with a prior spouse. [1] That said, to the extent a new spouse, cohabitant, or other occupant of a party’s household contributes to a party’s household expenses and thereby reduces a party’s own living expenses, that reduction in living expenses is relevant to support determinations. Footnotes: 1. Minnesota Statute section 518A.39, Subdivision 2(d)(2).

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