sprocket454
Member
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 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.
I have signed all the papers now and sent them to her lawyer. I will not be contesting the child support.