Unfortunately, far too many parents across Minnesota and the country fall behind on child support payments.
The reasons for the lapses are fairly standard: lost job, unexpected expenses and sometimes, simple irresponsibility. Though they may appear small on an individual basis, these unpaid debts really add up in the aggregate. According to a recent survey commissioned by the federal Office of Child Support Enforcement, parents across the U.S. now owe more than $108 billion in total back support.
If you are one of those parents affected by this number, either because you are behind on support payments or because you are owed back support, it can be confusing as your children grow up and become adults. Many wonder whether the debt simply disappears when your child turns 18; fortunately (or unfortunately, depending on your situation), it does not. To help explain what happens with child support debt as children age, keep reading.
How long is child support owed in Minnesota?
Something that confuses many people is that here in Minnesota child support payments stop once a child turns 18 or completes high school, whichever happens last. Specifically, the law says that except for rare cases involving handicapped children who are unable to support themselves, all child support payments must cease by the time the child reaches 20 years old. Usually, the payments stop even sooner, once the child turns 18 and graduates from high school.
The problem is that this can cause confusion for some who believe that because they no longer have to pay continued child support payments that their old debt similarly disappears. However, this is not correct. The law is clear that debts will continue to exist regardless of the current age of your children.
What happens when the child is an adult and there are still arrearages in Minnesota?
Minnesota has a law on the books that specifically discusses what happens when back child support payments are still owed to children who have reached the age of majority (meaning they are adults). Minnesota Statutes Section 518A.60 says that the state can institute wage garnishment and take other legal actions to continue enforcing judgments against those who owe back support. The moral of the story is clear: any parent who still owes support to an adult child can face the exact same punishments as if your child were still a minor. Moreover, the enforcement efforts will continue until the debt is cleared, so expect a lengthy fight if you are substantially behind on payments.
Can one parent waive the back child support payments in Minnesota?
Another common question for those facing child support arrearage is whether it is possible for one parent to waive the debt owed by the other parent. For example, lets say one parent is owed $10,000 in back child support, but decides that they no longer want or need the money, can they simply waive the debt, freeing the other parent of the responsibility to pay? The answer here is a resounding “No.”
In Minnesota, and all other states, child support is owed to the child, not the parent. That means the parents have no right to waive support on behalf of their children and any agreement between parents to waive support will be deemed unenforceable and against public policy.
The laws have been written to ensure that parents are held financially responsible for at least a share of the cost of raising their children. Once a court has ordered a parent to pay support for a child there is almost no way to escape those payments, even if your child turns 18.
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) 424-0398.
Source: “Deadbeat parents cost taxpayers $53 billion,” by Steve Hargreaves, published at Money.CNN.com.
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Really enjoyed your informative blog on child support arrearages in Minnesota. I have a dead beat dad that NEVER paid child support and “brags” about it. I would like to share more of my story with you and hear what your thoughts, advice, and concerns are on the topic of finally getting this very old child support debt paid to me.
Sincerely,
Amy K. Little
712-899-0203
gohawks1969@gmail.com
It sounds like you had a baby so you could have a “payday” to me. Go out and get a job and love your child. Stop relying on “men” to support you. We are now an equal rights generation! Begin living it with the rest of us! That is my advice to you.