Subd. 5f. Subsequent children. The needs of
subsequent children shall not be factored into a support
guidelines calculation under subdivision 5. The fact that an
obligor had additional children after the entry of a child
support order is not grounds for a modification to decrease the
amount of support owed. However, the fact that an obligor has
subsequent children shall be considered in response to a request
by an obligee for a modification to increase child support. In
order to deviate from the support guidelines in subdivision 5 to
consider the needs of subsequent children, the trial court must:
(1) find the obligor's total ability to contribute to
dependent children, taking into account the obligor's income and
reasonable expenses exclusive of child care. The obligor's
expenses must be:
(i) reduced as appropriate to take into account
contributions to those costs by other adults who share the
obligor's current household; and
(ii) apportioned between the parent and any subsequent
child with regard to shared benefits, including but not limited
to, housing and transportation;
(2) find the total needs of all the obligor's children, and
if these needs are less than the obligor's ability to pay, the
needs may become the obligor's child support obligation. When
considering the needs of subsequent children, the trial court
must reduce those amounts as appropriate to take into account
the ability to contribute to those needs by another parent of
the children;
(3) make specific findings on the needs of the child or
children who are the subject of the support order under
consideration; and
(4) exercise discretion to fairly determine the current
support obligation and the contribution left available for other
children, considering that the support obligation being
determined should be in an amount at least equal to the
contribution for a subsequent child.