In the state of Minnesota, parents can agree to waive or reduce child support. However, the court must then agree that the waiver or reduction is in the best interests of the child. In general, child support is ordered by family courts in Minnesota in order to ensure that both parents contribute financially to the well-being of their children.
Child support is a court-determined periodic payment that is generally ordered by a court when a child’s biological parents are separating or going through the divorce process. The purpose of child support is to provide for a child’s basic needs, including food, clothing, education, and medical care.
In Minnesota, when calculating child support, the total amount of the child support will be based on various different factors. These factors include the custody arrangement between the parents or custodians, the child’s best interests standard, each parent’s income and financial obligations, and the number of children involved in the case.
It is important to note that Minnesota family law courts will not always agree to parents waiving child support. This is because Minnesota law considers child support the right of the child, not the parents. As such, any agreement between parents to modify or waive child support must be approved by the court.
Further, instead of waiving child support, parents can request a “reservation” of support. By doing this, the court acknowledges that no child support will be paid at the moment, but it reserves the right to order support in the future if circumstances change that require support.
Additionally, there are some cases where the calculated child support amount is very low, such as less than $25 per month, where the court may approve an agreement to waive child support to avoid unnecessary conflict between the child’s parents.
Finally, child support will not always be ordered. For example, if both parents agree to split custody of their child or children, there may not even be an initial child support order. Further, there are other situations where a parent can drop child support based on certain criteria being met.
When Is Child Support Ordered?
Once again, child support in Minnesota is ordered either during the Minnesota divorce process or in a separate child support and custody case. It is important to note that the parent that does not have primary physical custody of the child, will likely be the parent who is ordered to make child support payments. These payments will then be made either directly to the primary custodial parent or to the Minnesota Child Support Payment Center.
How Is a Child Support Award Enforced?
In Minnesota, child support enforcement is managed by the Minnesota Department of Human Services (“DHS”) and administered by county and tribal child support offices. The Minnesota Department of Human Services ensures that every child receives financial, medical, and emotional support from both their parents.
DHS utilizes various tools to enforce child support payments. Child support prosecutors from County and Tribal Offices will work directly with parents to establish, modify, and enforce child support orders.
They can also assist in locating parents, establishing parentage, and collecting payments. When enforcing a child support award, they may use all of the following methods:
- Utilizing an income withholding order, which is a court order where payments are automatically deducted from the obligor’s paycheck
- Suspending an obligor’s driver’s license and professional licenses
- Seeking out a contempt of court charge, which may result in fines or jail time
- Obtain orders to intercept federal and state tax refunds to cover unpaid child support
- Placing liens on the obligor’s property, such as on their home or vehicle
- Seizing funds from the obligor’s bank accounts
As can be seen, child support enforcement agencies in Minnesota have a variety of different methods to collect child support on behalf of the custodial parent. Local prosecutors and DHS may also collect retroactive child support and interest, if the court orders them to do so.
How Can I Avoid a Child Support Increase?
In order to avoid a child support increase in Minnesota, you can take several steps, such as:
- Preventing a cost of living adjustment (“COLA”). It is important to note that Minnesota law allows for periodic cost-of-living adjustments to child support orders. In order to prevent a COLA from taking effect, you may prove that there hasn’t been a sufficient increase in income to justify the adjustment.
- You may reach an agreement with the other parent that can help avoid an increase. If both parties agree to maintain the current support amount, you can present this written agreement to the court for their approval.
- Finally you can keep track of any changes in Minnesota’s child support laws which might result in an increase in child support being ordered.
- It is important to note as of January 1, 2023 the statute concerning child support guidelines and other issues related to child support were updated, which may impact child support obligations.
As can be seen, your child support order may be altered in certain circumstances. As such, in order to avoid an increase, you should ensure that you maintain a steady and stable income. Additionally, you should also document all of your child’s expenses so you will have evidence to demonstrate that an increase in support is not necessary for the child’s best interests.
How Can I Stop Paying Child Support?
There are multiple ways in Minnesota that a parent may stop paying child support. For example, if the parent who was obligated to make support payments now has primary custody of the child, they can petition the court to terminate their child support.
Additionally, a parent can also petition the court to order the other parent to pay them support based on the child support guidelines in the case of a change in the custody arrangement. There are also many other reasons to close a child support case that a local attorney in Minnesota can assist with.
Do Child Support Payments End Automatically?
In short, yes. In the state of Minnesota, there are certain triggering events that will result in child support payments terminating. For example, a parent’s child support obligation ends automatically at age 18 of when the child has graduated from high school, whichever occurs later.
In other words, at a certain age, the child will be emancipated by operation of law. When the child is no longer considered a child, then the parent’s obligation to pay support will terminate. However, this does not mean that anything past due will be dismissed. The parent that owes past due child support will have to deal with their arrears.
How to Get Child Support Arrears Dismissed
In order to get child support arrears dismissed in Minnesota, a motion to modify or dismiss arrears must be filed by the party that has arrears. This must be filed with the court that issued the original child support order.
It is important to note that this motion will need to provide evidence as to why some or all of your arrears should be discharged. In general, a request for a reduction in arrears will be based on the income and assets of the party seeking the debt reduction.
Further, arrears will not automatically be dismissed when a person’s obligation to pay support ends. Interest may still continue to accrue on past-due support. As such, staying up to date on your child support payments is important.
Finally, you may also negotiate with the parent who is owed the past-due child support to see if they will agree to waiving the money owed. Then, you may present this joint agreement to the court for their approval.
Do I Need a Lawyer for Help with Terminating Child Support?
If you are having any issues related to terminating, modifying, enforcing, or obtaining child support, then it is in your best interests to consult an experienced Minnesota child support lawyer. LegalMatch can assist you in locating and setting up a consultation with an experienced Minnesota child support attorney near you.
An experienced child support attorney will be able to help you determine whether or not you are eligible to stop child support based on the particulars of your case. Additionally, an attorney can also help you determine if you are eligible to have any of your child support arrears reduced or discharged, if applicable. Finally, an attorney can also represent you in court, as needed.
