• 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.

Support incorrectly calculated by County

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

Law Novice

Junior Member
In MN: 2 years ago there was a modification to my child support. I just found out that the incomes were calculated by using the annual gross income which included over $5,000+ in overtime. I also just learned about MN's Statute 518A.29 and 518A.39 in which it states the income "shall not consider compensation received....in excess of a 40-hour work week".

I also found out about MN's Statute 518A.32 Subd 1 Voluntarily Underemployed. The annual gross income of my ex was not calculated with that potential income.

I will be filling a request for modification of the support payments. My questions are:

1: Part of the statute for the voluntarily underemployed states underemployment is ok "because a parent is physically or mentally incapacitated". Should that already be on file with their employer that there is a physical incapacitation and that's why the hours are not being worked? What happens if they get the request for modification and run to the doctor for a note or to file whatever is needed medically? (There is no medical issues but this ex is a hypochondriac).

2: What other denials can occur with being voluntarily underemployed?

3: Since it was the county that calculated the incomes against the statute, is there a way to include that in the request for modification or a way to recoup the overpayment of support due to their error?

Thank you in advance for any advise/guidance.
 



Find the Right Lawyer for Your Legal Issue!

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