Did I Blow It?

[therickman]

Will a Judge let her lower support since I have this funky wording in my J&D? I'm in Minnesota with Joint legal and physical custody. The Judgment and Decree states:"The Res shall pay the Pet, as and for child support $350 per month etc...At such time as child support is reviewed because of Res. move from the state of Minnesota, said child support shall be retroactive to the date of the move." Divorced last April, she moved last May (quit job) was reemployed in November and wants to lower support now. My poorly worded Judgement & Decree says the above. She thinks it means I have already agreed to allowing lower support. I say it was a vehicle to adjust support after one year based on actual time with kids 60%-40% for me (she is to pay the difference over the past year). What is the court likely to say about the support issue? Thanks. Rick

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.


Well.....it depends on the custom of the courts in your state, case law, etc.


Try the following: http://www.attorneypages.com

 

[therickman]

thanks

Thank you for the response. There must be many variables in most questions posted here. Not knowing the trends in Minnesota if the judge asked each my ex and I what that language means, and we each describe something totally different to the judge what would he likely do? Fall back on case law, I suppose. Would that mean he would or would not allow a support change/? Thanks again. R

 

[HumorMe!]

Here is the thing. From the excerpts you posted it does not state a downward modification. So, it could go either way!

Here's the other fun thing. Since she moved away, you should not have to be held accountable for visitation travel costs.

hm

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[therickman]

oops

Thanks. Sadly I did agree to reimburse her for some travel costs, and it is written into the J&D. Silly me. But on the other hand after lots of back and forth thru mediation and lawyers she ended up agreeing to pay about double the support formula. I knew it at the time. I'm not sure how it slipped by her and her lawyer.

Rick

>Here is the thing. From the excerpts you posted it does >not state a downward modification. So, it could go either >way!

>Here's the other fun thing. Since she moved away, you >should not have to be held accountable for visitation >travel costs.

>hm