Would this hold legally?

[misstifyd]

Hello,
I am a father to 4 children. I live in MN which only looks at ncp income for cs.
I have been divorced for 6 years and at the time of my divorce my youngest was 2, he now is 8. Oldest is 17.
The kids mom does not work even though I had put her through school for LPN, cosmotology and CNA.
She says she does not have to work and according to MN laws she is right.

My question is this...

Because my ex chooses to raise the 4 kids only upon my income of cs isn't that the same as saying I am supporting my ex via spousal support though my divorce decree doesn't ask for ss?

I do not think it is right that kids should have to suffer because she chooses not to work.
She lives in a mobile home and has payments on that to make and also lot rent and utilities not to mention the children's needs.
BM smokes cigarettes, I don't, but I am supporting her habit?

Anything I can do legally?

Thank you!

Chris

[socrateaser]

I don't know the specifics of MN law, but per your statement that the custodial parent's income is not considered for the purposes of calcuating support, this may or may not forclose the issue.

There MAY be MN caselaw that mandates both parents work if they are reasonably able to do so, however, I don't have time to research the issue for you.

As far as this child support being actually spousal support, that argument has some merit in a situation where the custodial parent refuses to work and has no other sources of income. However, in order have the court declare some portion of your payment as spousal support, a support modification action must be pending, and I don't know if you have grounds for this currently.

Would you win such an argument? Without an attorney, I'd say your odds are effectively zero -- with an attorney, well, who knows? There may already be caselaw on the issue in MN. You'll need to reaserch it yourself or ask a local attorney.