Minnesota Child Support Guidelines - Minnesota Divorce & Family Law Blog

Minnesota Child Support in a Nutshell

Jason Brown — Mon, 20 Apr 2009 19:52:23 -0600

In January of 2007 the Minnesota child support guidelines underwent significant changes. Prior to the enactment of the present legislation found in Minnesota Statutes Section 518A, child support was based soley on the income of the obligor (the paying parent). Today, child support is based upon the relative income of both the obligor and obligee (the receiving parent), taking into account the nature of the physical custody of the minor children of the parties. The intent of the legislature was to enact guidelines that strike a balance in the income of each parent, the time each parent spends with the children and expenses non-custodial parents incur during their parenting time.

Child support involves three types of financial contribution: (1) basic support; (2) medical expenses; and (3) child care costs. Basic support is a monthly cash payment made from one parent to another for the support of the children. Medical support involves the payment of insurance premiums and uninsured expenses. Child care costs involve all work or education-related child care expenses incurred by the parents of a child.

The PICS (percentage of income for child support) of each parent is critical to determining how much support will change hands. The guidelines call for the Court to combine the gross (pre-tax) income of each parent and assign a relative percentage of the combined income to each. Once determined, this percentage (or PICS) is multiplied against the total support figure listed in the guidelines to determine how much basic support must change hands. A non-custodial parent receives a credit against the amount of support to be paid based upon the amount of parenting time they exercise. That same PICS is applied to the actual cost of health premiums, uninsured expenses and daycare to appropriately allocate the obligations of each parent.

Can My Spouse and I Deviate from the Minnesota Child Support Guidelines by Agreement?

Jason Brown — Wed, 03 Sep 2008 19:42:29 -0600

Many couples question whether they can deviate from the Minnesota child support guidelines by agreement. While the court ultimately has discretion to do so, it does not happen very often. In fact, we've had orders kicked back because our stipulated support calculation was off by as little as $5.00 per month. Courts consider child support the "child's money," and, as a result, rarely afford parents the ability to unilaterally negotiate a different figure.

At the same time, however, we have successfully persuaded the courts to deviate. In considering a deviation from the child support guidelines, the court will examine factors such as:

Earnings, income and resources of the parties;
Financial needs and resources of the child;
Physical and emotional needs of the child;
Educational needs of the child;
Standard of living the child would enjoy in the absence of divorce;
Tax implications associated with the child's dependency exemption;
Debts of the parties; and
Receipt of public assistance.

If the court deems appropriate, it may order or permit a child support obligation greater than, or less than, the Minnesota child support support guidelines. Still, the odds are against.

"I'll Quit My Job" Says My Spouse. Can They Get Out of Paying Child Support or Alimony to Me?

Jason Brown — Mon, 11 Aug 2008 20:45:57 -0600

The court will "impute" income if your spouse is voluntarily underemployed. Rest assured, you have nothing to fear.

Let's suppose your spouse is trained as a physician and decides, for the time being, to work as a waiter at a local restaurant. The court can take an individual's education, work history, job opportunities in the local market and earnings associated with those jobs into account in calculating appropriate child or spousal support. Assuming your spouse is reasonably assured of obtaining a position as a doctor with a six-figure salary, a doctor's salary will be attributed to them.

One of the more common discussions we have with new clients involves a spouse's claim (with laughter) that they will quit their job and our client will receive nothing. "I'll quit my job" they say. Wrong strategy. Your spouse is free to work in whatever capacity they wish. At the end of the day, however, the amount of support they pay is based on what they actually earn or have the potential to earn, whichever is greater.