If you have children and are preparing for a Minnesota divorce, you’ve likely wondered about child support at one point or another. The issue of child support can be confusing, especially for those who have never gone through the process before. Worries about custody fights and stress over money can make the ordeal that much more unpleasant, but the good news is that an experienced Minnesota family law attorney can help guide you through the process with helpful advice. For more info about child support and how payments are figured out, keep reading.

What is child support?

To make sure we’re all on the same page, let’s start by defining child support. The legal definition is money that is paid from one parent to another for the support of their mutual children. These payments are made after a divorce is finalized, but can also be mandated during the period of separation prior to divorce.

Who pays?

This can be a little confusing because some people believe only one parent is responsible for paying to support the child. That isn’t true in Minnesota, where the child support guidelines are clear that both parents are responsible for financially supporting their offspring. That being said, it typically works out so that only one party actually has to cut a check to the other.

This is the case because child support payments usually flow from the non-custodial parent (the parent who the child does not spend at least half of his or her time with) to the custodial parent (the parent who is with the child more than half the time). Though both parties are required to financially support the child, the custodial parent is assumed to be paying his or her share on a daily basis, by directly paying expenses as they arise. The non-custodial parent, who does not spend as much time with the child and thus is less likely to have these direct expenses, sends the money to the custodial parent as a way of chipping in to the collective costs of raising a kid.

How is child support determined?

Minnesota courts, like those in most of the rest of the country, determine child support by plugging numbers into a calculator. The state relies on formulas to decide on each parent’s share of expenses, a simpler and fairer process than having judges decide the matter on a case-by-case basis.

The Minnesota child support guidelines require information regarding each parent’s gross monthly income, how many children live in each person’s home, whether there are any existing child support orders in place for children from previous relationships, details concerning child care costs, medical and dental coverage costs and the amount of parenting time being awarded to each party. The data gets plugged in and a number comes out the other end. To take it for a spin yourself, check out the Minnesota Child Support Guidelines Calculator.

What income is included?

Though it seems fairly straightforward to say that a person’s income must be included in the calculator, the reality is that it can get tricky in some cases. Though things like salary, wages, commissions and bonuses are obviously included in the calculator, other sources that may not be as obvious are thrown in as well. Examples include workers’ comp payments, alimony payments, military benefits, pension payouts, disability income, rental income and even unemployment.

What income is not included?

Though there are plenty of sources of income included in the Minnesota child support guidelines, there are a few that are excluded. Overtime pay is usually not factored in because this can be inconsistent. Support payments received to care for other children are not considered. Things like government assistance, food stamps and SSI benefits are also excluded from consideration. Finally, and this can be frustrating in some cases, if one parent has remarried, that person’s new spouse’s income is not included in the child support calculations.

An experienced Minnesota family law attorney can help walk you through the difficult process of divorce, including offering advice on confusing financial issues such as alimony and helping negotiate emotional subjects like child custody arrangements. For more information on divorce in Minnesota, along with a variety of other topics, contact Joseph M. Flanders of Flanders Law Firm at (612) 360-4721.

 

Source: “Minnesota’s Child Support Laws,” published at House.Leg.State.MN.US.

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