Modification Of Support

Minneapolis, MN family law attorney Nancy Zalusky Berg discusses challenges of support modification.

Contact Nancy Zalusky Berg

Email: [email protected]

Phone: (612) 335-4296

Transcript:

Well, in order to modify support payments, you have to be able to show the court that it’s all legitimate. If you’re self-employed, you’re gonna have a heck of a time getting your support payments modified because the assumption is automatic that you’re somehow cheating on your income taxes, that you’re writing off personal expenses through your employment, and so on.

So, anybody that’s self-employed, they really have to present impeccable business records and probably even witnesses who would support whatever claim they’re making, that there’s been a reduction of income. Somebody that’s a wage-earner, who works for an employer, that’s a much more simple case. You simply show the reduction in income or the loss of the job. The court may still say, “I expect you to go out and get another job.”

And then you have to look at what the economy is doing. Are they gonna be able to get another job? So modification is very expensive, and you wanna take a very close look at the facts of the case and whether or not you’re opening a can of worms if you go in and try to modify.