Child Support in Minneapolis, Minnesota
Minnesota law provides that a child has the right to be supported by both parents. Child support is the court-ordered monthly dollar amount for the financial support of a child.
Minnesota uses a method of calculating child support called “Income Shares.” These are Child Support Guidelines that use both parents’ gross income, the number of children, and the cost of raising a child at different income levels.
The number of overnights the children spends with each parent is also included as a part of the child support calculation. If the children do not stay overnight with a parent but spend the whole day at a parent’s house instead, that may also be counted the same as an overnight.
The third element of child support is monthly health care premiums and monthly child care costs. If you have these three parts (income, number of overnights with each parent, and health care premiums and childcare costs), you can calculate child support.
This calculator can be used to determine your child support obligation: Minnesota Child Support Calculator.
Typically child support ends when the child reaches 18 years of age or when they graduate high school, although there are some exceptions to this rule, namely if a child is disabled and cannot live independently.
To receive child support in Minnesota, the custodial parent or legal custodian and the child must have lived in the state for at least 180 days before starting the case.
A court order for child support can come from the following legal actions:
- A divorce or legal separation;
- A parentage action;
- An order for protection (there is no 180-day residency requirement to obtain an Order for Protection);
- A child custody action;
- A separate child support action.
Another party who has legal custody of a child can file for and receive child support from one or both parents. The county can also start a child support case if a parent is receiving government benefits for the child, such as childcare assistance or health insurance through the state.
What is Factored into Child Support Payments in Minnesota?
It is always best to speak with an experienced child support attorney about child support calculations in Minnesota. This is because sometimes income is hard to determine – especially if a parent has seasonal income, bonus income, commissions, or other types of fluctuating earnings.
It is particularly complicated if a person is self-employed. In that circumstance, you will want an attorney well-versed in reading tax returns and balance sheets to help you determine accurate income for child support purposes.
What if a Noncustodial Parent is Behind on Child Support?
There are multiple ways to collect unpaid child support in Minnesota. It is best to talk to a child support attorney in Minnesota about these. However, there are some general consequences for parents who refuse to comply with or set up a child support payment schedule.
The court may attach wages, seize property, take away a driver’s license, or apply a tax refund to pay owed child support amounts. The court may even send a parent to jail as a last resort.
A parent cannot move away from their child support debts because other states will help enforce child support orders. Child support arrears cannot be discharged in bankruptcy.
Contact Experienced Minneapolis, Minnesota Child Support Attorneys
Children have the right to be supported by their parents. However, parents should always know how child support numbers were calculated and applied to their situation. In a system so complex, it is difficult and frustrating for parents to do this on their own.
That is why the attorneys at Perusse Nixon PLLC are here to help. Let the experienced child support attorneys at Perusse Nixon PLLC handle the child support calculations so that you can focus on the most important part of the equation, your child. You need Perusse Nixon PLLC. Call or email us today.