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The guideline in this section is a rebuttable presumption and shall be used in any judicial or administrative proceeding to establish or modify a support obligation under this chapter. 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.
How the court calculates the amount
To determine the obligor’s basic support obligation, the court shall determine the gross income of each parent, calculate the parental income for determining child support (PICS) of each parent, determine the percentage contribution of each parent to the combined PICS, determine the combined basic support obligation by application of the guidelines, determine each parent’s share of the combined basic support obligation, and apply the parenting expense adjustment formula.
Unless otherwise agreed to by the parents and approved by the court, 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).
Source: Minn. Stat. 518A.34 and 518A.35
What counts as income and what happens when a parent is not working
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.
How parenting time affects child support
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, but not limited to, 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 parenting time includes time with the child whether it is designated as visitation, physical custody, or parenting time.
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.
Split custody
If parents have split custody of joint children, child support must be calculated for each joint child separately, and if the basic support calculation results in each parent owing support to the other, the court shall offset the higher basic support obligation with the lower basic support obligation.
Health care coverage in every child support order
Every order addressing child support must state whether appropriate health care coverage for the joint child is available and, if so, the parents’ responsibilities for carrying health care coverage, the cost of premiums and how the cost is allocated between the parents, and how unreimbursed or uninsured health-related expenses will be allocated between the parents.
How long the obligation lasts
Unless a child support obligation is 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 a custody change affects support
If a parent has been granted sole physical custody of a minor and the child subsequently lives with the other parent, and temporary sole physical custody has been approved by the court or by a court-appointed referee, the court may suspend the obligor’s child support obligation pending the final custody determination.
The court shall not modify a prior custody order or a parenting plan provision which specifies the child’s primary residence unless it finds, upon the basis of facts that have arisen since the prior order or that were unknown to the court at the time of the prior order, that a change has occurred in the circumstances of the child or the parties and that the modification is necessary to serve the best interests of the child.
Unless agreed to in writing by the parties, no motion to modify a custody order or parenting plan may be made earlier than one year after the date of the entry of a decree of dissolution or legal separation containing a provision dealing with custody.
Modifying a child support order
Grounds for modification:
The terms of an order respecting child support may be modified upon a showing of one or more of 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, a change in the availability of appropriate health care coverage, a change in work-related or education-related child care expenses, or emancipation of the child.
Presumption of substantial change:
It is presumed that there has been a substantial change in circumstances and the terms of a current support order shall be rebuttably presumed to be unreasonable and unfair if the application of the child support guidelines in section 518A.35 to the current circumstances of the parties 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.
Law changes as a basis:
An enactment, amendment, or repeal of law constitutes a substantial change in the circumstances for purposes of modifying a child support order when it meets the standards for modification in this section.
Retroactive effect:
A modification of 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.
Arrears and payment agreements
In proposing or approving proposed written payment agreements for purposes of arrears, 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.
Questions people ask about Minnesota child support
Is the guideline amount always what the court orders?
The guideline in this section is a rebuttable presumption and shall be used in any judicial or administrative proceeding to establish or modify a support obligation under this chapter.
What income does the court use to set child support?
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. Unless otherwise agreed to by the parents and approved by the court, 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 quits or works fewer hours on purpose?
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.
Does parenting time change 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, but not limited to, 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 parenting time includes time with the child whether it is designated as visitation, physical custody, or parenting time.
What if there is no parenting time order yet?
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.
When can a child support order be changed?
The terms of an order respecting child support may be modified upon a showing of one or more of 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, a change in the availability of appropriate health care coverage, a change in work-related or education-related child care expenses, or emancipation of the child.
How much does the calculated amount have to differ before the court presumes a change is warranted?
It is presumed that there has been a substantial change in circumstances and the terms of a current support order shall be rebuttably presumed to be unreasonable and unfair if the application of the child support guidelines in section 518A.35 to the current circumstances of the parties 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.
Can changes be applied to past-due amounts?
A modification of 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.
Talk with Martine Law about child support
Acting early in a child support matter can affect the outcome. Martine Law handles child support cases for families throughout 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.
