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.
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.