Gomez Law PLLC.

If someone suddenly becomes ill or injured in a way that renders them unable to continue working, or if they have been declared disabled by their physician and have no income but are still obligated to pay child support, then they would need to file a motion indicating the change in circumstances. The child support order could be modified upon a showing of a change in circumstances resulting in a change of income which would result in the amount of support changing by 20%, or at least $75. The courts can make a retroactive judgment based on the date of filing, but not based on the date of the disability which caused the change in circumstances. By filing as soon as possible after the change in circumstances, an individual may be able to avoid child support arrears.

How Are Retirement Accounts Divided When Someone Gets Divorced In Minnesota?

When a married individual is paying into a pension plan, the money they are paying into it is considered the marital portion of the pension. When it comes to the division of a pension during divorce, it is important to know whether the pension is a defined contribution plan or defined benefit plans.

For a defined benefit plan, the payout is going to be determined at retirement, whereas for a defined contribution plan, it will be determined earlier. If there is a defined contribution plan, it will be important to get a qualified domestic relations order agreed upon and signed by the judge as soon as possible, around the same time the divorce agreement is resolved. This is because it may have an effect on retirement, disability, and child support down the line (depending on the pension).

It is important to get these issues taken care of earlier rather than later. If someone has $10,000 in their retirement account and it is all marital, then they may have to give half of it to their spouse. If the stocks lose value and that piece of the pension has already been separated, then it will be the ex-spouse who takes the loss; if the stocks lose value and that piece of the pension hasn’t already been separated, then it may be the pension-owning spouse who takes the loss.

For more information on Paying Child Support While Being Disabled, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (763) 284-5552 today.

Kathleen Gomez

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