what state do I change the Visitation?

Question

My Ex & I divorced in MN & now both Live in ND (Same City). We have split custody. Right now he has them EVERY weekend (Friday night to Monday night)They now are going to have him start paying Child support in Jan. 08. He's pretty upset about this cause he has them Almost 50% of the time.(More like Him 41%, Me 59%). He feels since we have them almost 50-50 that he should get some kind of decuction in his payments. He said if he had to pay the full amount, he wants (or needs) to reduce his visitation to Every other weekend, as he needs to get another job to pay the child support & all his other bills. I'm perfectly fine with him switching it to every other weekend but my question is:

Since we divorced in MN (thats where the child visitation was determined) do I have to go back to MN to have this changed or can I do it in ND, since thats where both of us live now. Are there any requirements to having this changed?

Any web addresses I can view would be great! Thanks

Answer 1

you probably need to address the courts in the county in which you currently live. your best bet is to talk with a family law attorney or paralegal for good advice.

child support is base upon a each parent's income.. sometimes people who have joint custody or divided custody, still have to pay the same amount of child support, even though they see the kids about 1/2 the time. It's on account of incomes... and sometimes has nothing to do with the length of time a parent has the child.

You can also mutually agree on a set amount of child support. Many times the courts will accept what you and your spouse might agree upon as fair support payments, without using the "calculated" amount as designed by the court.