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In order to bring an action before the Court to modify an existing child support order, the parent requesting the modification must be able to show that one of the following has occurred...
Strictly speaking, a new spouses income may not be considered when determining spousal maintenance or child support issues with a prior spouse.
In order to bring an action before the Court to modify an existing child support order, the parent requesting the modification must be able to show that a number of things have occurred.
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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