does daycare come out of child support? can wife ask for spousal support when she has a better paying job then husband? can she make husand pay for he

Asked on July 1, 2009 under Family Law, Minnesota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In Minnesota, typically, day care costs are calculated separately.  In most cases, the child care costs are allocated between the parents in proportion to their respective incomes.  Before allocating the expense between the parents, the day care costs are reduced by estimated state and federal tax credits, so that only the net, after-tax child care costs are included in the calculation. 

In awarding spousal support, Minnesota courts evaluate a number of factors to determine what, if any, support should be provided.  While the court considers a variety of factors when determining alimony after divorce, including the length of the marriage, the standard of living enjoyed during the marriage, the relative income of each party, and the needs of each spouse, the driving factor is to avoid an unfair economic consequence as a result of a divorce.  Unlike child support, courts are allowed broad discretion in determining whether or not to require one spouse to provide support to another.

If the wife makes more money than her husband, absent some unique circumstance,  she will most likely not be awarded spousal support.  In fact, he may qualify for it. 

The best thing for him to do is to consult with a divorce attorney in the area so that he can more fully be advised on all of these matters.


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