When parents with children get divorced, the child support that is ordered by the court for one of the parents to pay is based off the number of children at that time and the monthly income of the parent paying the support. Sometimes, though, the parent paying child support loses his or her job or
Minnesota Child Support Attorneys
Child support can be petitioned for from a number of sources:
- Parent if they do not live together
- Third Party who has custody of a child
- May ask the court to order one or both parents to pay child support
- County Attorney’s Office
- Will start a child support case if either parent receives public assistance for the child and they are not married and living together
Calculating Child Support
Minnesota law uses a method for calculating child support called “Income Shares.” It consists of three parts
- Basic support: payments for costs for a child’s housing, food, clothing, transportation, education and other expenses to care for the child.
- Medical support: providing health and dental insurance, payments for costs of health and dental insurance that other parent provides, and other payments for uninsured or unreimbursed medical and dental expenses.
- Child care support: payments for child care costs when parents go to work or school
Other factors may also be taken into account including:
- Gross income of both parents
- Amount of court-ordered parenting time. (The parent will not be forced to pay child support for the time the child is in their care)
- The law assumes that both parents can or should work and earn an income. The Income Shares formula considers this potential income when factoring child support
- If the parties do not provide specific details as to their income, the court will use other available evidence to determine child support
Not Getting Child Support Payments? Nonpayment Penalties in MN
Missed Child Support Payments An obligor must report a change in income or job to the Child Support Officer within ten days. Unless the obligor gets a new court order modifying the existing child support order, the payments will build up. The obligor who misses payments will be subject to the following penalties or garnishments:
Minnesota Child Support Basics
If a parent consents to have a child reside with an individual or entity other than the parent, or if the child does so by court order, the parent can be required to pay support for the child. Minn. Stat. § 256.87, subd. 5 A parent who is financially able to support a child but
How Self-Employment or Business Income Affects Child Support in MN
One of the most complicated tasks in calculating child support involves computing income when one of the parents is self-employed. In these types of situations, a different formula is used to determine a parent’s income for child support purposes. Income from self-employment or operation of a business, including joint ownership of a partnership or closely
Payment and Enforcement of Child Support in Minnesota
The Minnesota Child Support Payment Center, a centralized unit run by DHS, must be used to collect and disburse support payments in all IV-D cases. Again, IV-D cases include when the obligee receives or has received public assistance or when the obligor or obligee has applied for support enforcement services from the county. The payment
Can the support amount change? | Minnesota Child Support Laws
A child support order amount may change through a cost-of-living adjustment (COLA) or a modification. Arrearages may also affect the monthly support payment. Every child support order entered since 1983 must include a biennial COLA that is compounded. Orders entered before 1983 had to have a COLA added whenever an enforcement or modification action occurred
Special Circumstances | Minnesota Child Support Laws
If a parent is voluntarily unemployed, underemployed, employed less than full-time, or there is no direct evidence of income, the court must calculate child support based on potential income of that parent. The court will determine potential income by imputing income based on the parent’s probable earnings based on employment potential, recent work history, and
How is the basic child support amount calculated in Minnesota?
Basic child support is calculated based on the combined gross income of both parents and is allocated based on each parent’s proportionate share of the combined parental income for child support. Minn. Stat. § 518A.34. The parents must provide documentation of earnings and income at the time they file their initial pleadings or motion documents.
How are child care costs handled? Minnesota Child Support Laws
The court must allocate work- and education-related child care costs to each parent in proportion to the parent’s combined parental income for child support (PICS). The costs will be adjusted by the estimated federal and state child care credits. If the obligor meets the income eligibility requirements for basic sliding fee child care, the court
What is Medical Support? Minnesota Child Care Law
Medical support means providing appropriate health care coverage for the child, a cash contribution to reimburse for the cost of health care coverage or public coverage, or payment of the child’s uninsured and unreimbursed health care expenses. The court must determine whether a parent has appropriate health care coverage for the child. In making this
Calculating and Modifying Child Support in Minnesota
A monetary amount for the care, support, and education of the child, commonly referred to as “child support” or “basic support” Medical support Work- or education-related child care costs of the obligee, commonly referred to as “child care support” Support arrears or reimbursement of public assistance payments already made on behalf of the child Minn.
What is IV-D? Minnesota Child Support Laws
Because the original federal legislation on child support added a “Title IV-D” to the Social Security Act, county child support offices, which are subsidized by the federal program, are sometimes called “IV-D agencies.” Child support enforcement services provided by IV-D agencies are often referred to as “IV-D services.” Cases in which the county is a
What fees are charged for child support collection in Minnesota?
Each applicant pays a $25 application fee when requesting child support services from the county agency. If the applicant receives public assistance, the fee is not required. If the county provides full child support services to an obligee, the obligee will be charged a cost recovery fee of 2 percent of the amount of child
When is Child Support Ordered in Minnesota?
If a married couple with minor children is divorced or obtains a legal separation, a court must enter a support order against one or both parents. If a married couple with minor children lives apart, one parent or the public authority may go to court to seek a support order against the other parent. Minn.
Minnesota’s Child Support Laws | An Overview
The legislature sets child support policy in Minnesota. This information brief provides introductory information and answers to common questions about laws on setting, modifying, paying, enforcing, and terminating child support. By providing a basic understanding of current law, it is intended to (1) help legislators answer questions from individuals affected by a child support order;
Federal VS MN State VS MN County: Government’s Role in Child Support Matters
Minnesota Statutes have long provided for child support orders in cases where parents separate, divorce, or have never married. In 1975, the federal government also became involved in this issue. Congress enacted laws aimed at establishing uniformity and setting minimum standards in state child support enforcement systems. The goal was to reduce the demand for