It is important to understand that child and spousal support are major issues that arise during divorce proceedings. These issues can sometimes become frustrating for both parties, but the most important thing to remember is that your attorney will be working for the best possible result for your situation.
Ms. Mundahl will represent you with her knowledge and experience so that your financial situation does not seriously deteriorate due to divorce. While it will change, your attorney will strive to make the best deal for you.
Child support in Minnesota changed in 2007 and is no longer tied to who has custody of the children. Instead, the law recognizes that both parents have a duty support their children and they use a formula to calculate the Parental Income for Calculating Child Support (PICS) and it now recognizes non-joint children, and potential incomes. Basic support after parenting expense adjustment gives parents with at least a 10.1% parenting access schedule a credit on their basic support obligation to acknowledge that even having the kids for a few weekends a month is expensive. Child support is more clearly defined in Minn. Stat. 518A. and includes not only basic support but medical support and childcare support contributions. The good news is that the new laws more fairly distribute the costs of raising children.
Spousal support is not a windfall or a punishment. It is an amount of money that is awarded to assist a party in the divorce to be able to move forward and create a life that is satisfactory and livable. Spousal support is determined during negotiations or litigation and the court makes the final decision as to the allocation of moneys to one party. The support is separate from child support and child custody issues and should not be used as a bargaining chip for vindictive parties. This is one area of the law that rests in the sole discretion of the court. The only guidance for the Court is Minn. Stat. 518.552 That says that the court is to look at the parties' respective incomes and necessary living expenses, the relative health of the parties, the ability on the part of the requesting spouse to be self-supporting, and the lifestyle of the parties' during the marriage. One judge recently said in chambers, "Spousal support is the ultimate coin toss for the court."