does daycare come out of child support? can wife ask for spousal support when she has a better paying job then husband? can she make husand pay for he

UPDATED: Jul 1, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 1, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

does daycare come out of child support? can wife ask for spousal support when she has a better paying job then husband? can she make husand pay for he

Asked on July 1, 2009 under Family Law, Minnesota


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In Minnesota, typically, day care costs are calculated separately.  In most cases, the child care costs are allocated between the parents in proportion to their respective incomes.  Before allocating the expense between the parents, the day care costs are reduced by estimated state and federal tax credits, so that only the net, after-tax child care costs are included in the calculation. 

In awarding spousal support, Minnesota courts evaluate a number of factors to determine what, if any, support should be provided.  While the court considers a variety of factors when determining alimony after divorce, including the length of the marriage, the standard of living enjoyed during the marriage, the relative income of each party, and the needs of each spouse, the driving factor is to avoid an unfair economic consequence as a result of a divorce.  Unlike child support, courts are allowed broad discretion in determining whether or not to require one spouse to provide support to another.

If the wife makes more money than her husband, absent some unique circumstance,  she will most likely not be awarded spousal support.  In fact, he may qualify for it. 

The best thing for him to do is to consult with a divorce attorney in the area so that he can more fully be advised on all of these matters.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption