Minnesota Child Support Laws

Child support payments are court-ordered payments made by one parent to the other to benefit their biological or adopted child or children. Although child support laws differ in each state, they all typically determine the amount of support based on custody (i.e., how much time the child lives with each parent), the child’s best interest, and each parent’s income and financial obligations.

The parent who does not have primary physical custody of the child or lives with a child less than half the time is generally the parent who is ordered to make child support payments.

Child support payments provide for a child’s financial needs, even when they do not live with both parents. Additionally, both parents are responsible for the financial support of their children. Child support is necessary to ensure both parents fulfill their legal and financial obligations to their child or children.

Common examples of financial needs that are addressed by child support payments include, but may not be limited to:

• Food, shelter, and clothing for the child or children;
• Medical care and health-related expenses for the child or children; and
• Educational expenses, such as private school tuition for the child or children.

Mandatory child support is how a court can ensure that non-custodial parents contribute to their children’s needs via court order. Mandatory means that the support is required by law, and any parent required to make payments cannot escape their obligation. Additionally, the parent with physical custody of the child or children cannot refuse to accept the child support payments the court has ordered to provide for the child’s needs.

When Are Child Support Payments Ordered?

In general, when parents do not share physical custody of their child equally, or when the child lives with one parent more than half of the time, the parent with whom the child spends less time will be required to pay some form of child support. This is the case in Minnesota. Further, any gender of the parent can be ordered to pay child support. Additionally, it is not necessary that the parents were ever married for a parent to be ordered to pay child support.

When there is a legal dispute regarding the child’s biological father, the court will generally order a paternity test before calculating and ordering child support. Adoptive parents are also subject to child support laws. However, absent a legal adoption, step-parents are not obligated to pay child support to their step-children in Minnesota.

What Is The Child’s Best Interests Standard?

To determine matters such as child custody arrangements and child support payments, almost every family law court uses a standard known as the “Child’s Best Interests Standard.” Although there is no perfect formula for determining what is in a child’s best interest, the analysis provided by judges and family court mediators generally includes various factors tailored to meet the needs of the particular child or children in question.

As such, when determining who gets custody and visitation, the child’s interests precede their parent’s desires.

What Factors Determine the Amount of Child Support Payments in Minnesota?

Once again, the exact way the amount of child support is calculated differs by state. In Minnesota, there is a child support calculator provided by the Minnesota Department of Human Services that parents can utilize to get an idea of what to expect regarding child support payments. The child support calculator is based on Chapter 518 of the Minnesota Statutes, which are the written laws that contain the child support laws for Minnesota.

When calculating child support in the state of Minnesota, numerous factors will be weighed by the family law court, including:

1. Income of Both Parents: Similar to determining custody, the actual income of both parents will be considered when determining the amount of child support to be ordered.
   • Additionally, the earning ability of a parent who is voluntarily unemployed or underemployed may also be considered. For example, if a parent who is educated and licensed to work as a doctor chooses to work only 6 months a year, they will still have child support calculated based on the amount they could have reasonably earned had they worked all year;
2. Custodial Arrangements: The parent with physical custody of the child typically incurs more expenses to care for the child, such as groceries, clothing, and extracurricular activities. Because child support is intended to ensure that all of the child’s needs are met, the custodial parent will generally receive child support payments.
   • The court will always consider the amount of parenting time awarded to each parent when awarding child support. Thus, if each parent has the child 50% of the time, a child support payment may not be ordered. However, a child support payment may still be ordered if the parent’s incomes are considerably disproportionate;
3. Number, Age, and Marital Status of Children: Child support is also obviously calculated based on the number of children the parents are financially obligated to support.
   • This means that as one child reaches the age or status that the parents are no longer obligated to support them financially, the child support amount will be reduced to reflect that the parents are now responsible for supporting one less child.
   • The more children involved in a child support case, the higher the percentage of the parents obligated to make payments income will be utilized.
4. Child’s Standard of Living Before the Divorce or Separation: Because the Child’s Best Interests Standard applies to setting child support, courts in Minnesota will also consider the standard of living for the child before the divorce. The court will then attempt to ensure that the child receives the same standard of living after the divorce or separation to minimize the disruption and negative effects upon the child; and
5. Needs of the Child: Child care costs and the child’s medical needs (including dental care) will also be considered when determining an appropriate child support amount.
   • For children with special needs, such as disabilities, the court will consider how additional expenses should be addressed.

What Happens if a Parent Fails to Make Child Support Payments?

In Minnesota, if a parent fails to make court-ordered child support payments, timely the family court judge in the district in which the support was ordered will have powerful legal tools to obtain the past due payments from the obligating parent. However, for a judge to utilize legal tools to assist the other parent in collecting past due child support, the parent obligated to make child support payments must first be given sufficient notice and opportunity to pay the past due amount.

After sufficient notice and an opportunity to make the past due payments, the court can then take further actions to collect the past due child support, such as:

• Holding the parent obligated to pay child support in contempt of the court for failing to pay the child support timely;
• Report the parent with past due payments to credit bureaus;
• Referring the case to a prosecutor to prosecute them criminally or fine them civilly; or
• Issue a wage garnishment order to their employer to withhold money from their checks to pay child support.

Do I Need a Lawyer for Help With Minnesota Child Support?

As can be seen, the laws regarding child support in Minnesota involve consideration of numerous factors beyond an individual’s gross income. As such, if you are going through a separation or divorce involving children, it is best to consult with an experienced Minnesota child support lawyer.

An experienced family lawyer who handles child support cases will be able to ensure that the child’s needs are met and help either both parents reach an agreement that meets the child or children’s needs, or assist one parent in making a case regarding child support. Finally, an attorney will also be able to initiate child support enforcement lawsuits, as well as represent their client at any necessary in-person court proceedings.