Understanding Child Support in Minnesota
Basic Support Considerations
Basic support is an obligation of both parents. Calculation of basic support is completed by reviewing both parent’s gross income and determining on a combined level the amount available for the child’s basic on-going needs. Basic support is intended to provide for things related to the child’s basic needs pertaining to:
Housing
Food
Clothing
Transportation
Education-related expenses
Medical Support
Medical support is also an obligation both parents are responsible for. However, both parents do not provide individual medical insurance coverage for their children. Rather, one parent provides medical insurance coverage while the other is assigned an amount of responsibility to compensate the other parent for providing medical insurance. Medical support is intended to provide for:
Health insurance
dental insurance
vision insurance
Child Care Support
Generally, the State of Minnesota presumes both parents earn income even in matters where one parent stays at home to care for the children. Minnesota, regardless of the circumstances will presume the parent staying at home earns a minimum gross monthly income for purposes of calculating child support. If child-care expenses are incurred due to work, school, or job training, the court may order both parents to contribute to those costs as well. Child care support is intended to provide for:
Daycare expense
Before school child care
After school child care
How Is Child Support Calculated in Minnesota?
Minnesota nets both parents income together to calculate child support under Minnesota Law 518A. Child support calculations generally consider the following when computing child support obligations of each parent:
Each parent’s gross monthly income
Number of joint children between the parents
Number of children that are non-joint children (meaning children from other partners)
Parental Income Child Support (PICS) determination - a percentage assigned to both parents to determine each proportional share of out of pocket expenses such as unreimbursed medical expenses, extracurricular activities, and more
Parenting time schedule
Expenses for medical care and childcare
In Minnesota a standardized formula is used to calculate the Presumptive Child Support Obligation, which can be accessed via the Minnesota Child Support Guidelines Calculator. Sometimes the calculation may not be entirely appropriate. There are instances where parents may wish to incorporate a different method for determining child support. It is up to the parents to demonstrate the amount determined comports with the spirit of Minnesota Law - that child support is the right of the child - not the parents and cannot be waived.
Minnesota Child Support Requires Determination of the Parent’s Gross Income.
Gross income generally includes periodic payments from sources such as the following noting there are other sources for consideration:
Wage (salary and hourly) income
Bonuses
commissions
self-employment income
Other benefits paid by an employer
Spousal maintenance (alimony) paid or received
Parenting Time and Child Support
In Minnesota, the parenting time schedule may affect the amount of child support owed. Generally, the number of overnights spent with each parent is factored into the calculation for child support. Generally, in circumstances where one parent has more parenting time than the other (known as the custodial parent), the non-custodial parent may owe more in child support than the custodial parent. When this happens, the non-custodial parent’s total obligation support may be offset by the custodial parent’s obligation to provide child support.
Upon Substantial Change in Circumstances, Modification of Child Support May Be Appropriate
A parent can request modification of child support if there has been a “substantial change in circumstances,” such as generally:
Increase or decrease in income by at least $75 per month
Job loss or significant income change
Increased childcare or medical costs
Change in parenting time
New child from a different relationship
An increase or decrease in child support requires a parent petition the court and provide documentation to support the modification request.
Non-Payment of Child Support
Failure to pay child support is a serious matter that can subject a parent to potential penalties, contempt, suspension of a driver’s license, and even potential criminal charges. The methods of enforcing child support include:
Income withholding (wage garnishment)
Tax refund interception
Driver’s license suspension
Contempt of court actions
Bank account levies
If you are struggling with a finding the right calculation for child support or wish to seek further guidance, please contact us today to schedule a consultation to determine best strategies moving forward.
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Calculating child support may seem simple and fairly easy to do on your own as a D-I-Y matter. However, this false sense of simplicity creates costly problems to fix or manage yielding more expensive avoidable challenges.
What Is Child Support in Minnesota?
In Minnesota, child support is a child’s right of the parents to provide for the child’s basic needs especially regarding medical needs. Child support is typically paid by the non-custodial parent to the custodial parent. However, in cases involving equal parenting time, support calculations may reflect a more balanced approach. Ultimately, both parents provide support for the child. Instead of both parents providing support to each other on a monthly basis, the amount owed can be offset to reduce obligation owed to the other parent.
In Minnesota, child support is comprised of three types of support, yielding one child support payment made to the other parent. The three types of support are:
Basic Child Support
Medical Support
Child Care Support