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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 under chapter 518A.
What goes into the Minnesota child support calculation
The calculation follows a set sequence. To determine the obligor’s basic support obligation, the court shall: determine the gross income of each parent under section 518A.29; calculate the parental income for determining child support (PICS) of each parent by subtracting from the gross income the credit, if any, for each parent’s nonjoint children under section 518A.33; determine the percentage contribution of each parent to the combined PICS; determine the combined basic support obligation by application of the guidelines in section 518A.35; determine each parent’s share of the combined basic support obligation; and apply the parenting expense adjustment formula provided in section 518A.36.
The court shall determine each parent’s total child support obligation by adding together each parent’s basic support, child care support, and health care coverage obligations.
The final child support order shall separately designate the amount owed for basic support, child care support, and medical support.
How basic support is divided between parents
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).
The basic support guideline table sets the combined basic support obligation based on the number of joint children and the combined parental income for determining child support, with obligations ranging from $50 per month for one child at combined PICS of $0–$1,399 up to $3,492 per month for six children at combined PICS of $20,000.
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 support amount
The parenting expense adjustment reflects the presumption that while exercising parenting time, a parent is responsible for and incurs costs of caring for the child, including food, clothing, transportation, recreation, and household expenses.
Every child support order shall specify the percentage of parenting time granted to or presumed for each parent, and the percentage of parenting time may be determined by calculating the number of overnights or overnight equivalents that a parent spends with a child pursuant to a court order.
If there is not a court order awarding parenting time, the court shall determine the child support award without consideration of the parenting expense adjustment.
If the parenting time is equal and the parental incomes for determining child support of the parents also are equal, no basic support shall be paid unless the court determines that the expenses for the child are not equally shared.
What happens when a parent is not working or is underemployed
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.
It is rebuttably presumed that a parent can be gainfully employed on a full-time basis, and for purposes of potential income, full time means 40 hours of work in a week.
Determination of potential income must be made according to one of three methods: the parent’s probable earnings level based on employment potential and recent work history; if receiving unemployment or workers’ compensation, the actual amount of those benefits; or the amount a parent could earn working 30 hours per week at 100 percent of the current federal or state minimum wage, whichever is higher.
Health care coverage in a child support order
Every order addressing child support must state whether appropriate health care coverage for the joint child is available, the parents’ responsibilities for carrying health care coverage, and how unreimbursed or uninsured health-related expenses will be allocated between the parents.
The cost of private health care coverage and all unreimbursed and uninsured health-related expenses must be divided between the obligor and obligee based on their proportionate share of the parties’ combined monthly PICS.
How support is collected
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.
How long the order lasts when there are multiple children
Unless a child support obligation is stated in a specific amount per child, a child support obligation for two or more children continues in the full amount until the emancipation of the last child for whose benefit the order was made, or until further order of the court.
When can a child support order be changed
The terms of a child support order are rebuttably presumed unreasonable and unfair if applying the guidelines to current circumstances results in a calculated order that is at least 20 percent and at least $75 per month higher or lower than the current support order.
A modification of child support may be made retroactive only with respect to any period during which the petitioning party has pending a motion for modification, but only from the date of service of notice of the motion on the responding party.
Questions people ask about child support in Minnesota
Is the guideline amount guaranteed, or can a judge change it?
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 under chapter 518A.
How does the court decide each parent’s share of the combined amount?
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).
What if one parent stops working to reduce their support obligation?
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. It is rebuttably presumed that a parent can be gainfully employed on a full-time basis, and for purposes of potential income, full time means 40 hours of work in a week.
Does parenting time reduce the amount owed?
The parenting expense adjustment reflects the presumption that while exercising parenting time, a parent is responsible for and incurs costs of caring for the child, including food, clothing, transportation, recreation, and household expenses. Every child support order shall specify the percentage of parenting time granted to or presumed for each parent, and the percentage of parenting time may be determined by calculating the number of overnights or overnight equivalents that a parent spends with a child pursuant to a court order.
Does the order cover health insurance and medical bills?
Every order addressing child support must state whether appropriate health care coverage for the joint child is available, the parents’ responsibilities for carrying health care coverage, and how unreimbursed or uninsured health-related expenses will be allocated between the parents. The cost of private health care coverage and all unreimbursed and uninsured health-related expenses must be divided between the obligor and obligee based on their proportionate share of the parties’ combined monthly PICS.
Can the order be changed if income goes up or down significantly?
The terms of a child support order are rebuttably presumed unreasonable and unfair if applying the guidelines to current circumstances results in a calculated order that is at least 20 percent and at least $75 per month higher or lower than the current support order.
Will income withholding apply automatically?
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.
When does a support obligation for several children end?
Unless a child support obligation is stated in a specific amount per child, a child support obligation for two or more children continues in the full amount until the emancipation of the last child for whose benefit the order was made, or until further order of the court.
Talk with Martine Law about child support in Minnesota
Acting early in a child support matter gives you more options, and Martine Law handles these cases across Minnesota. 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.
