Under Minnesota law, parents have a legal obligation to support their children. Child support may be established by the court regardless of the marital status of the parents and is based upon guidelines, which consider both parents’ incomes and the distribution of court ordered parenting time. The attorneys at Arnold & Cain PA are experienced in understanding even the most complex child support issues and can assist you in ensuring that your child support order accurately addresses your family’s financial situation and the financial needs of your children.
Types of Minnesota Child Support
The court may order three types of child support: basic support, childcare support, and medical support.
Basic support is calculated by combining the gross monthly incomes of each parent to determine the “Parental Income for Child Support”, or PICS. The percentage that each parent’s gross income contribute to the total PICS amount is then calculated. If there are specific childcare costs or medical support costs, the court will split these costs between the parents. The court will then multiply each percentage by the total combined child support obligation to determine each parent’s share of that obligation. After this is determined, a credit for the amount of time the noncustodial parent spends with the child, known as a Parenting Expense Adjustment, is applied.
Child Support Modifications
Under Minnesota law, a child support order may be modified if there is a change in circumstances that renders the prior child support order unreasonable and unfair. The court will find a presumptive change of circumstances if it finds:
- There is at least a 20% change in the gross income of the obligor
- There is a change in the number of joint children for whom the obligor is legally responsible
- The supported child becomes disabled
- Both parents consent to modification in compliance with the new income shares guidelines
A six-month review hearing may be scheduled to encourage compliance with the order after it has been established.
Pursuing Fair and Appropriate Arrangements
Under Minnesota law, child support is determined by considering both parents’ gross incomes, the amount of time each parent spends with the child, and the cost of childcare and medical support for the child. If you pay or receive child support (or expect to pay or receive it), you may have important concerns about how child support affects your children, your finances, and your legal rights. Here at Arnold & Cain PA we can help you make sure your child support arrangements are fair, appropriate, and that they are adhered to by your co-parent.