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Can a New Spouse's Income Be Considered in Support Determinations in Minnesota?

Strictly speaking, a new spouse’s income may not be considered when determining spousal maintenance or child support issues with a prior spouse.

That said, to the extent a new spouse, cohabitant, or other occupant of a party’s household contributes to a party’s household expenses and thereby reduces a party’s own living expenses, that reduction in living expenses is relevant to support determinations.

* THE INFORMATION IN THIS ARTICLE IS NOT ADVICE FOR YOUR PARTICULAR CASE. ALSO, THIS INFORMATION APPLIES ONLY TO MINNESOTA LAW, AND NOT TO THE LAW OF ANY OTHER STATE OR COUNTRY.


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The non-custodial parent is responsible for paying child support. In Minnesota the amount of child support is based on the non-custodial parent's income and the number of dependent children. A court may adjust the support amount at its discretion. Factors examined for adjustment include: (1) the custodial parent's income and assets, (2) any extraordinary financial needs the child may have, such as medical or educational expenses, (3) the child's standard of living during the parents' marriage and (4) whether the paying parent receives public assistance.
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