Of the issues involved in a divorce in Minnesota, child support is generally recognized as the simplest to resolve. That does not mean, however, that the determination of basic support, medical support and daycare support is necessarily easy in every case.
Here are some of the more common questions our child support lawyers are asked
The question most commonly asked of our divorce (and sometimes custody and paternity) clients involves how much support (either alimony or child support) they may receive, or pay, as part of their case.
The the answer to that inquiry can be rather complex, but the starting point in either situation involves a determination of “income”
We’re often asked about how long child support payments must be made. Pursuant to Minn. Stat. Sec. 518A.39, Subdvision 5, a “child support obligation in a specific amount per child terminates automatically and without any action by the obligor to reduce, modify, or terminate the order upon the emancipation of the child.”
The answer, accordingly,
It is important to know how the IRS treats spousal maintenance and child support to ensure that both are considered correctly on your income tax return. Generally speaking, spousal maintenance is tax deductible to the payor, but the payee (recipient) must pay taxes on it. Child support is not tax deductible to the payor, and the payee does not have to pay income tax on it. While it is easy to determine what is characterized as “child support,” it can be a bit more complicated to determine what qualifying “alimony” is. Alimony, in order to be tax …
Continue Reading How Does the IRS Treat Spousal Maintenance and Child Support?
Child support in Minnesota is governed by the Minnesota child support guidelines. Here are some of the key elements associated with these awards: Basic Support: The cash payment one parent makes to another, on a monthly basis, for the support of a child. Medical Support: The allocation of medical insurance premiums and uninsured medical expenses relating to a child . Daycare Support: The allocation of work-related care expenses associated with a child. Child Support Guidelines: Provide the formula for determining the appropriate amount of …
Continue Reading Child Support in Minnesota : Types of Support and Calculation
One of the issues that divorcing parents have to tackle involves an allocation of the income tax exemptions for the minor children. Who claims who? This is a matter that should not be overlooked; tens of thousands of dollars in future tax benefits may be at stake. And, if both parents make the same claim in the same year, a phone call from the IRS is certain to follow.
Continue Reading Allocation of Income Tax Exemptions for Minor Children Following Divorce
As more and more counties adopt the early neutral evaluation model, fewer divorce litigants face the prospect of a motion for temporary relief. A decade ago, nearly every party to a divorce would seek some sort of temporary order from the judge, given the fact that few alternatives were available for immediate structured debate and discussion concerning issues like custody, parenting time, child support, property division and spousal maintenance.
Continue Reading The Process of Filing a Motion for Temporary Relief in Minnesota Divorce Court
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
The Minneapolis Star Tribune recently published an article about the Minnesota child support guidelines that were amended as of January 1, 2007. Seems no one is happy with what was sold as a more equitable approach to calculating child support, despite the legislature’s goal of reducing acrimony among split parents.
Reporter Jean Hopfensperger provides examples
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