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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.
Minnesota courts look at many factors in deciding spousal support amounts. A spouse may be entitled to maintenance if he or she cannot support himself or herself despite any marital property received after distribution. Financial resources, employment, education and the personal circumstances of each spouse are considered. A court examines several factors to determine if maintenance is appropriate, and if so, how much and for how long. They include (1) the duration of the marriage, (2) the standard of living enjoyed during the marriage, (3) each spouse's age and health, (4) each spouse's assets, income or ability to earn income, (5) the time needed for the requesting spouse to receive training or education and obtain sufficient employment in order to support himself or herself and (6) the owing spouse's ability to pay. A court can order temporary support while the divorce is pending. Most maintenance is ordered for a specific length of time. Once maintenance is ordered, it can be modified upon a showing of a substantial change in circumstances.
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