Yes, in Minnesota, an adult child can sue for back child support under certain circumstances. It is important to first understand what child support is. Child support in Minnesota is a court-ordered payment that is made by one parent to the other parent or conservator for the benefit of their child or children.
Specifically, child support is a court-determined periodic payment that is ordered by Minnesota family courts when a child’s biological parents are separating or going through the divorce process.
Generally speaking, the parent who does not have primary physical custody of the child or who lives with a child less than half of the time is typically the parent who is ordered to make child support payments.
The purpose of child support is to provide for a child’s basic needs, such as their food, clothing, education, and medical care. When calculating child support, the total amount of the child support will be based on various different factors.
Factors that may impact the total amount of child support In Minnesota include:
- Gross Income of Both Parents: Gross income includes wages, bonuses, commissions, and certain benefits
- Childcare Costs: Expenses for childcare necessary for a parent’s employment or education are factored in
- Healthcare Costs: Medical and dental insurance premiums, as well as unreimbursed medical expenses for the child
- Number of Children: The total number of children requiring support will also affect the support obligation
- Parenting Time: The amount of time each parent spends with the child is taken into account. More time with the noncustodial parent may lead to adjustments in support
- Child’s Extraordinary Expenses: Costs related to special needs, education, or extracurricular activities may be considered
- Best Interests of the Child: Courts will always utilize the child’s best interests standard, which prioritizes the child’s best interests and can lead to deviations from the standard calculation if necessary
- Income Disparities: Significant income differences between parents may also warrant deviations from the general guideline amount
- Shared Custody Expenses: If parents share custody nearly equally, deviations may be considered to account for shared expenses
- Support for Other Children: Obligations to support other children not part of the current case may lead to deviations from the guideline amount
- Extraordinary Childcare Costs: Exceptionally high childcare costs due to special needs or circumstances may be considered
- Parenting Time Adjustment: Courts may adjust child support if the parenting time arrangement is significantly different from the norm
- Education Expenses: For educational expenses like private school tuition or tutoring, deviations from the standard may also be granted
Specifically, the factors and the formula used to calculate guideline child support in Minnesota in Minnesota Statutes Chapter 518A, Section 518A.35. That statute outlines the guidelines for determining child support obligations, including the Income Shares formula.
The income shares model considers the combined incomes of both parents and the number of children to determine the appropriate amount of support. The formula also takes into account factors such as healthcare and childcare expenses, which were listed above.
The percentage of net income allocated for child support depends on the number of children, as follows:
- 1 child: 25% of the paying parent’s net income
- 2 children: 30% of the paying parent’s net income
- 3 children: 35% of the paying parent’s net income
- 4 child: 40% of the paying parent’s net income
- 5 children: 45% of the paying parent’s net income
- 6 children: 50% of the paying parent’s net income
- 7 or more children: The court may deviate from the guidelines based on specific circumstances
In some cases, a parent may not timely pay their court ordered child support. In such cases, that parent will be considered to have violated their court order, and they may be sued for child support enforcement.
A child support enforcement action carries various different legal penalties and consequences. In Minnesota, both the parent receiving child support and a child who has become an adult have the right to bring a child support enforcement action. This can be done to recover back child support that was not paid when it was due. These enforcement actions can help ensure that the child receives the financial support they were entitled to.
The law in Minnesota that allows a child who has become an adult to bring a child support enforcement action can be found in Minnesota Statutes Chapter 518A, Section 518A.35. This statute outlines the enforcement of child support orders and includes provisions for adult children seeking back child support.
It is important to note that in the state of Minnesota, an adult child has up to 20 years from the date the last child support payment was owed to bring a lawsuit for child support arrears. This means that if the last payment was due on a specific date, such as the end of the month, the adult child has 20 years from that date in order to file a lawsuit to collect any overdue support.
