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 concerning child support in Minnesota:
Who Must Pay Child Support?
Parents of minor children have a duty to provide for their financial support. Marital status does not matter. In other words, the same standards apply in a paternity case (involving unmarried individuals) and a traditional marital dissolution action.
Who Is A Child?
Pursuant to the Minnesota child support statutes, a child is defined as an individual under 18 years of age, or 20 years of age who is either: (1) still in high school; or (2) incapable of self support because of physical or mental impairment.
Can I Be Ordered To Pay Support For An Adult Child?
If a child has emancipated, or reaches the age of majority (18) , the Court loses jurisdiction over the issue of child support – again, unless one of the exceptions noted above is triggered.
What Is Basic Child Support?
Basic child support is the more traditional form of child support – a cash payment made from one parent to the other for the needs of the minor child (such as food, housing, clothing, education, and transportation).
What Is Medical Support?
Under Minnesota law, parents are obligated to divide, in proportion to their income, the cost for medical and dental insurance premiums for a child. They are also required to divide uninsured medical and dental expenses in proportion to their income (known as the PICS).
What Is Childcare Support?
Pursuant to Minnesota’s child support statutes, parents will be ordered to divide, pursuant to the PICS, the work-related childcare costs associated with minor children.
Can Parents Waive Child Support?
Because the Court considers child support to be “the child’s money,” it will not permit an outright waiver of child support. Instead, a “reservation” of support may take place. A reservation simply allows the parties to have no order on the issue in the moment, but return to Court later to address it, if they choose to do so.