Calculating Minnesota Child Support Payments & Guidelines

The biological father of a child conceived while the mother was married to another man is not presumptuously the child of the biological father. Minnesota state law presumes that a woman’s husband is the father of a child born during the marriage, even if he is not the child’s biological father. Generally, these types of cases are not as simple as this summary. At Cordell & Cordell, we know the ins, outs, and nuances of Minnesota child support law, and we’re happy to be a winning resource on your side.

Are You Dealing with Child Support Issues in Minnesota?

Changes in your life are bound to happen. Did you change jobs, or do you have your child for more time? You may be able to modify your child support order based on changed circumstances in your life or your child’s life:

• You lost your job, or your income has decreased considerably.
• You are self-employed, and your income is unpredictable.
• Economic conditions mean that you need to make cost-of-living adjustments to your child support payments.
• You have substantially more court-ordered parenting time with your child than before.
• You want to start or stop income withholding for support payments.
• Your child’s health care costs have changed.
• The cost of childcare has gone up.

Please note that a child support obligation does not change automatically when circumstances change. You must file a motion to get a new court order for the changes to take effect.

Minnesota State Child Support Guidelines (Calculating The Cost)

A deviation from the presumptive Minnesota child support obligation is intended to encourage prompt and regular payments of child support and to prevent either parent or joint child from living in poverty. The law allows for requests to deviate from the guidelines under compelling circumstances.

In addition to the MN child support guidelines and other factors used to make Minnesota child support calculations, the court must take into consideration the following factors prior to granting a deviation for child support payments:

1. All earnings, income, circumstances, and resources of each parent including real and personal property. Excess employment income can be excluded; the extraordinary financial needs and resources, physical and emotional condition, and educational needs of the child to be supported
2. The standard of living the child would enjoy if the parents were currently living together but recognizing there are now separate households
3. Whether the child resides in a foreign country for more than one year that has a substantially higher or lower cost of living
4. Which parent receives the income taxation dependency exemption and the financial benefit the parent receives from it
5. The parents’ debts
6. Total payments for court-ordered child support exceed statutory limitations on wage-garnishment

Debt and Minnesota Child Support

If debts are a reason for deviation, then it must be a debt owed to private creditors.

The debt must have been reasonably incurred for the necessary support of the child or parent or for the necessary generation of income. The debt considered could only be the amount that is essential to the continuing generation of income.

There needs to be a sworn schedule of the debts with supporting documentation. This must show goods and services purchased, the recipient of them, the original debt amount, the outstanding balance, the monthly payment, and the number of months until the debt will be fully paid. The deviation based on debts can only be extended for 18 months.

Calculating Minnesota Child Support Costs: An Example

The current Minnesota child support guidelines, found in § 518A.35 of the Minnesota Statutes, took effect on January 1, 2023. Section 518A.34 provides a method for calculating each parent’s support obligation. The Minnesota Department of Human Services (DHS), the state’s official child support agency, provides a child support guidelines calculator to help parents determine how much child support they must pay or should expect.

Suppose two parents, Anna and Bob, have one child named Charlie.

• Anna and Bob have almost equal parenting time with Charlie — Anna has 183 overnights per year, and Bob has 182.
• Anna’s monthly income is $2,000, and Bob’s is $5,000.
• Bob pays Anna $500 per month in spousal maintenance.
• Bob pays $200 per month to include Charlie on his employer-provided health insurance.
• Neither parent has any other children from other marriages or relationships.

The child support amount can be calculated as follows:

• After deducting Bob’s spousal maintenance payment, the total parental income for determining child Support (PICS) is $6,500.
• Under the child support guidelines, the basic support amount for one child and a combined PICS of $6,500 is $1,016.
• Anna’s share of the PICS is 31%, so her pro rata share of monthly basic support is $315.
• Bob’s share of the PICS is 69%, so his share of basic support is $701.
• After applying the parenting expense adjustment found in § 518A.36, Bob’s basic support obligation is $193.
• Anna’s pro rata share of health care costs is $62. This is her basic support amount after applying the adjustments.
• Bob’s monthly child support obligation to Anna is the difference between the two basic support amounts, or $131.

Check Out These Podcasts on Child Support for Minnesota Dads

• Changes to Custody, Spousal Support, and Paternity Laws: Learn more about recent changes to family laws.
• Understanding Child Support and Alimony: The different types of support obligations in family law cases.
• CPA Insights: Divorce Finances & Tax Strategies: Explore the financial aspects of divorce.
• Paternity and Child Support Actions: The importance of determining parentage in child support cases.

Why Work With Cordell & Cordell for Your Child Support Hearing

Cordell & Cordell has existed for more than three decades offering legal advice and guidance to men in child support cases. Our law firm primarily handles legal issues that affect men, including establishing custody and parenting time as well as child support orders.

Miguel G. “[My attorney] kept in constant contact with me, day and night, even on Sundays. He answered all my questions and put my mind at ease. His professional representation in court blew my ex’s attorney out of the water. Got the judge and the GAL on my Side. Ultimately, I got the placement of my little girl, and that is all I wanted; the best money was spent to keep my little girl in a safe and loving environment; thank you!!”

Dads Choose Cordell & Cordell for Aggressive Representation

Child support in Minnesota can be complicated. If you have questions about child support issues, you should contact a Minnesota child support lawyer who can help you understand your rights. You can also check out our Minnesota family law resources page to learn more. Cordell & Cordell’s lawyers are licensed to practice throughout Minnesota and are available for consultations whenever you are ready. Please call 1-866-DADS-LAW to schedule an appointment.

Related Articles to Read Later (You’ll Thank Us):

• 5 Tips For Modifying Child Support
• Back Child Support: A Complete Guide
• Can a Parent Terminate Child Support?
• What Does Child Support Cover?