Child Support Laws in MN
Most Minnesota and Anoka County family lawyers and attorneys will agree that one of the biggest points of contention surrounding the children of separating parents is the payment of child support. When parents split up, or were never married or dating to begin with, sometimes the financial care of the child or children is another point of contention. Most parents want to make sure that their children are cared for and have a comfortable life but differ on how this should happen. Child support laws do not take into account whether the child was born to married or unmarried parents. The purpose of the laws is to assure that children are cared for financially. Typically, parents are required to pay the court-ordered amount until a child turns 18, or graduates from high school, whichever last occurs. This can change depending on circumstances. Child support lawyers in Minnesota can help you determine a proper child support amount and determine the best way to collect this amount. Contact the experienced attorneys Kallemeyn & Kallemeyn today and we will get started working on your child support issues and concerns.
Child Support Calculations in Minnesota
Generally, Minnesota’s child support laws provide for a transfer of support if one parent has the child or children for a majority of the time or if one parent makes significantly more money than the other. Since 2005, the state’s support laws take both parents’ income into account when calculating the support obligation. The courts will use a set of statewide guidelines when calculating obligations, but since no two cases are identical, and some sources of funds are not counted toward “income,” it is possible that a court could deviate from these guidelines in order to accommodate unique circumstances. Courts may not enforce or order unfair or unreasonable child support is not what the courts are trying to impose. However, the statutes now contemplate that absent unique circumstances, both parents are capable of working full time or are or attending school in order to gain future employment.
This is not always the case. When one parent was a stay-at-home parent, there are young children, or one or both parents are self-employed, courts generally undertake a more detailed and thorough examination of finances and potential-to-earn. Parents who share time with children on an equal or nearly equal basis may not have child support pass back and forth between them but there is an expectation of expense sharing.
Main Factors for Minnesota Child Support
There are three main areas that the court looks at when determining child support payments.
- Basic Support
- Medical Support
- Child Care Support
Basic care refers to things such as housing, food, transportation, clothing, and school expenses. Medical refers to health, dental, and ocular insurance costs, psychological, co-payments, prescriptions, etc. And child care obviously refers to the costs of taking care of a child while parents are at work or school.
Who Can Request Child Support
In Minnesota, there are a number of people who can petition to have child support awarded to them. These include parents who do not live with one another, a party other than the parents who has custody of the child, or the Anoka County Attorney’s Office.
Tax Exemption Impact
The new Managed Care Act and Minnesota Statutes now apply to the award of tax exemptions. The MCA can now penalize parents who do not carry children on their health insurance, and Courts have more latitude than ever in awarding tax exemptions.
