This post is aimed at explaining initial child support jurisdiction requirements in Minnesota.
Before I get to far into explaining the Minnesota child support system, I want to direct any readers to the online calculator used by many, many lawyers and judicial personnel throughout the state. The online calculator is at: http://childsupportcalculator.dhs.state.mn.us/Calculator.aspx.
I use that online calculator every single time I am representing a client in a child support case. It is a true life-saver and the general public should know about it.
With that out of the way, I’m going to try and explain the general law in Minnesota behind establishing initial child support. The Minnesota court have jurisdiction to an initial award of child support when both parents reside in Minnesota. This is important because when one parent resides in Minnesota and the other parent does not, the Minnesota court now has to consider whether or not it should even exercise jurisdiction.
The jurisdictional law, Minnesota Statute 518C.201, appears to have been designed with the intent of creating jurisdiction whenever possible. For instance, a Minnesota court will have jurisdiction for making a child support award IF:
- the nonresident is personal served in Minnesota with child support pleadings (legal paperwork);
- the nonresident submits to jurisdiction in Minnesota (guess how often that happens);
- the nonresident resided with the child in Minnesota for a period of time;
- the nonresident resided in Minnesota and provided support or prenatal expenses for the child;
- the child resides in Minnesota due the nonresidents actions;
- the nonresident engaged in sexual intercourse in Minnesota and the child may have been conceived by that intercourse;
- the nonresident asserted parentage under Minnesota Statute 257.51 (the Minnesota Parentage Act);
- there is any other basis under federal or Minnesota law for Minnesota to exercise jurisdiction.
As you can see, Minnesota tries hard to exercise jurisdiction over child support obligors.
Assuming the Minnesota Court has personal jurisdiction to make an award of child support, the court then moves on to how that award is established. I’ll discuss that further in another post.
For this post, I simply wanted to make any readers aware that jurisdiction is a big deal. Attorneys know that but I have found that many of my clients do not. Without the proper establishment of jurisdiction, a court cannot lawfully hear a case.
For instance, I spoke with a client recently who was having trouble with transfer of venue related to a North Dakota tribal court. To be perfectly honest, I wasn’t sure what to tell this client because I don’t know enough about tribal law. I wish I did, but I don’t. Thus, I need to do some serious work in the library and get a grasp on tribal law as it relates to establishment of jurisdiction in Minnesota. Why? Because the establishment of jurisdiction is that important.
If you have further questions about jurisdiction, feel free to contact a Minnesota child support attorney.
