Minnesota Child Support Guidelines: Child Support Deviation Explained

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. Deviations are typically considered by courts in order to make child support in Minnesota fair on a case by case basis, rather than adhering to strict child support guidelines.

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.
  2. Whether there are any extraordinary financial needs and resources, physical and emotional condition, and educational needs of the child(ren) being supported.
  3. The standard of living the child would enjoy if the parents were currently living together, but recognizing there are now separate households.
  4. Whether the child resides in a foreign county for more than one year that has a substantially higher or lower cost of living.
  5. Which parent receives the income taxation dependency exemption and the financial benefit the parent receives from it.
  6. The parents’ debts.

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 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 extend for 18 months.

Minnesota Child Support Lawyers

If you are a man facing divorce in Minnesota and have questions concerning child support, you should contact a Minnesota child support lawyer to ensure your rights are protected. If you want to learn more about divorce issues in Minnesota, check out our Minnesota Resources Page. Cordell & Cordell Minnesota divorce lawyers are licensed to practice throughout the state and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-DADS-LAW or 612-632-2900 to schedule an appointment.