• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Potential income

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

(I worked in MN child support until last year.)

If the employer considers her full time, then CSED will consider her full time for child support purposes and will not attempt to impute her potential income or deem her "willfully underemployed".

When the statute refers to "willful underemployment", they are mostly referring to, for example, a person trained and skilled as a welder (capable of working $40+/hr) working as a clerk in a shop to avoid paying child support based on what he or she is fully capable of earning.

Your wife is working in an industry where 72 hours is considered full time. The industry typically schedules that way intentionally, because then they don't have to pay overtime to the employee when they are called in to pick up a shift.

You aren't going to win arguing willful underemployment in MN. The magistrate is not going to see it the same way you do.
Thank you. I had already come to that same conclusion (see post 12) but you explain very well the reasons why 72 hours is indeed full time in this case or other similar cases. This could prove to be useful if someone else comes across this thread while looking for similar answers.

I have signed all the papers now and sent them to her lawyer. I will not be contesting the child support.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top