Minnesota Child Support Laws
Obligations
Parents have a duty to pay for the support of their children. Parents are also not free to stipulate to an approval of child support without court permission. The purpose is to prevent parties from making agreements that cause the children to suffer. If good cause is shown, usually by proof of income adequate enough to pay for the expense of the children, courts can reserve the issue of child support.
Factors affecting amount of support
Minnesota child support is now calculated by the gross income of both parties, but includes deductions for the amount of parenting time,
Child Support Calculator
http://childsupportcalculator.dhs.state.mn.us/
Deviation from Calculator
The calculations are a rebuttable presumption. Minnesota child support courts will be hard pressed in the majority of cases to deviate from the calculator. Public policy is the primary reason courts do not wish to create a situation where a child does not have proper support. When in doubt, the court will require the statutory-calculated amount of payment for support. Consult a Minnesota child support lawyer for clarification.
Seasonal Income
Individuals receiving seasonal income pose a difficult situation in determining the amount of Minnesota child support. Courts will often take the total amount earned and average it for twelve months and calculate child support payments on that basis.
Medical Insurance
In addition to child support, Minnesota child support orders also address the issue of medical support for the child. Under the new 2007 Minnesota child support calculations, the amount of medical support is determined by calculating the PICS (Parental Income for determining Child Support). The total amount of medical insurance or costs is divided by the percentage to determine the share each parent is to pay for medical support.
Life Insurance
The courts have informed Minnesota child support lawyers that the courts have the power to order either parent to maintain life insurance policies in the amount of the Minnesota child support payments. In the event of the death of the parent holding the life insurance policy the other parent is paid as the beneficiary.
Public Assistance
A parent who receives state aid in Minnesota must notify the local county of their receipt of Minnesota child support or an action that involves child support. The county then becomes an interested party ensuring that the amount of Minnesota child support is paid in accordance with the state statutes. In most of these cases, all monies are paid directly to the responsible state agency.
Modifications of Child Support in Minnesota
Minnesota courts retain the power to modify Minnesota child support orders. Modification is based on a change that makes the original order unfair or unreasonable based on the earnings of a party, the need of a party, cost of living increase, medical expenses, or additional child care expenses.
Child support is a complex issue and should be handled with the help of a Minnesota child support lawyer.