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Domestic Relations – Child-Support Modification (access required)

Posted: 1:00 am Mon, February 8, 2010
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Where the child-support magistrate acknowledged that application of the child-support guidelines to the parties’ current circumstances resulted in a statutory presumption that there was a substantial change in circumstances and that the existing obligations were unreasonable and unfair, but the CSM found that the presumption was overcome by the circumstances of the parties, including father’s payment of additional expenses for the children, we conclude that the CSM did not make adequate findings to support her decision not to apply the presumptive child-support obligation because Minn. Stat. sec. 518A.37, subd. 2 (2008) requires written findings regarding how a deviation serves the children’s best interests, and because the CSM failed to quantify all of the parties’ expenses.

Reversed and remanded.

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