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The guideline in section 518A.35 is a rebuttable presumption and shall be used in any judicial or administrative proceeding to establish or modify a support obligation.
The basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children and the combined parental income for determining child support of the parents.
What “basic support” covers
“Basic support” means the basic support obligation computed under section 518A.34, and includes the dollar amount ordered for a child’s housing, food, clothing, transportation, and education costs, and other expenses relating to the child’s care; basic support does not include monetary contributions for a child’s child care expenses and medical and dental expenses.
“Child” means an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support.
How the court calculates each parent’s share
“Parental income for determining child support,” or “PICS,” means gross income minus deductions for nonjoint children allowed under section 518A.33.
When establishing basic support, the court must order that basic support be divided between the parents based on their proportionate share of the parents’ combined monthly parental income for determining child support (PICS).
For combined parental incomes for determining child support exceeding $20,000 per month, the presumed basic child support obligations shall be as for parents with combined parental income for determining child support of $20,000 per month.
How parenting time affects the basic support amount
If a parent has more than 55 percent court-ordered parenting time, there is a rebuttable presumption that the parent has a zero dollar basic support obligation.
When a parent is not working full time
If a parent is voluntarily unemployed, underemployed, or employed on a less than full-time basis, or there is no direct evidence of any income, child support must be calculated based on a determination of potential income, and it is rebuttably presumed that a parent can be gainfully employed on a full-time basis.
Deviating from the guideline amount
Deviation from the presumptive child support obligation is intended to encourage prompt and regular payments of child support and to prevent either parent or the joint children from living in poverty, and the court must take into consideration factors including all earnings, income, circumstances, and resources of each parent; the extraordinary financial needs and resources, physical and emotional condition, and educational needs of the child; and the standard of living the child would enjoy if the parents were currently living together.
If, after payment of income and payroll taxes, the obligor can establish that they do not have enough for the self-support reserve, a downward deviation may be allowed.
College costs
The parties may agree to designate a sum of money above any court-ordered child support as a trust fund for the costs of postsecondary education.
Income withholding
Every support order must address income withholding, and whenever a support order is initially entered or modified, the full amount of the support order must be subject to income withholding from the income of the obligor.
Withholding must begin no later than the first pay period that occurs after 14 days following the date of receipt of the order for or notice of withholding.
Arrears
An employer or payor of funds shall withhold from the obligor’s income an additional amount equal to 20 percent of the monthly child support obligation until an arrearage is paid, unless the court has ordered a specific monthly payback amount toward the arrears.
In proposing or approving proposed written payment agreements, the court, a child support magistrate, or the public authority shall take into consideration the amount of the arrearages, the amount of the current support order, any pending request for modification, and the earnings of the obligor, and shall propose a reasonable payment agreement tailored to the individual financial circumstances of each obligor.
Source: Minn. Stat. 518A.53; 518A.69
Modifying or ending an order
The terms of a child support order may be modified upon a showing of one or more of the following, any of which makes the terms unreasonable and unfair: substantially increased or decreased gross income of an obligor or obligee; substantially increased or decreased need of an obligor or obligee or the child or children; a change in the cost of living; extraordinary medical expenses of the child; a change in the availability of appropriate health care coverage or a substantial increase or decrease in health care coverage costs; or the addition of work-related or education-related child care expenses of the obligee.
It is presumed there has been a substantial change in circumstances and the terms of a current support order shall be rebuttably presumed unreasonable and unfair if the application of the child support guidelines to current circumstances results in a calculated court order that is at least 20 percent and at least $75 per month higher or lower than the current support order.
Unless a court order provides otherwise, a child support obligation in a specific amount per child terminates automatically and without any action by the obligor upon the emancipation of the child.
Unless otherwise agreed in writing or expressly provided in the order, provisions for the support of a child are not terminated by the death of a parent obligated to support the child.
Questions people ask about child support in a Minnesota divorce
What does PICS mean and why does it matter?
“Parental income for determining child support,” or “PICS,” means gross income minus deductions for nonjoint children allowed under section 518A.33.
Does the guideline always apply?
The guideline in section 518A.35 is a rebuttable presumption and shall be used in any judicial or administrative proceeding to establish or modify a support obligation.
What if I have the kids most of the time?
If a parent has more than 55 percent court-ordered parenting time, there is a rebuttable presumption that the parent has a zero dollar basic support obligation.
Can the court impute income if my co-parent quit their job?
If a parent is voluntarily unemployed, underemployed, or employed on a less than full-time basis, or there is no direct evidence of any income, child support must be calculated based on a determination of potential income, and it is rebuttably presumed that a parent can be gainfully employed on a full-time basis.
When can I ask the court to change the support order?
It is presumed there has been a substantial change in circumstances and the terms of a current support order shall be rebuttably presumed unreasonable and unfair if the application of the child support guidelines to current circumstances results in a calculated court order that is at least 20 percent and at least $75 per month higher or lower than the current support order.
What happens if the other parent stops paying?
An employer or payor of funds shall withhold from the obligor’s income an additional amount equal to 20 percent of the monthly child support obligation until an arrearage is paid, unless the court has ordered a specific monthly payback amount toward the arrears.
In proposing or approving proposed written payment agreements, the court, a child support magistrate, or the public authority shall take into consideration the amount of the arrearages, the amount of the current support order, any pending request for modification, and the earnings of the obligor, and shall propose a reasonable payment agreement tailored to the individual financial circumstances of each obligor.
Does support stop when my child turns 18?
“Child” means an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support.
Unless a court order provides otherwise, a child support obligation in a specific amount per child terminates automatically and without any action by the obligor upon the emancipation of the child.
Does a parent’s death end the support obligation?
Unless otherwise agreed in writing or expressly provided in the order, provisions for the support of a child are not terminated by the death of a parent obligated to support the child.
Talk with Martine Law about child support
Martine Law handles child support matters across Minnesota, and getting clear information early can shape the outcome of your order. Call for a confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.
