Language for Child Support Stipulations / Proposed Order

All the language below was suggested/offered at a training presented by a child support magistrate

If you refer child support to the expedited process, have an agreement, or are instructed to write a proposed order after a hearing), use the following provisions, which allow for referring the matter to ex pro, inputting specific amounts, etc.

Conclusions of Law (if establishing child support within order)

1. Child Support. Pursuant to the Attached Exhibit A, the parties’ child support obligations shall be as follows:

a. Basic Child Support. Petitioner’s monthly ongoing basic child support obligation is $___________.
Respondent’s monthly ongoing basic child support obligation is $__________.

b. Medical Support. Petitioner’s monthly ongoing medical support obligation is $ _________.
Respondent’s ongoing monthly medical support obligation is $__________.

c. Unreimbursed Health and Dental Expenses. To the extent not covered by insurance, all routine and extraordinary health and dental expenses for the minor child(ren) including, but not limited to, optical (including prescription eyeglasses and contact lenses), psychological, counseling/therapy, orthodontia, and psychiatric care shall be equally shared between the parties, with Petitioner paying ____% of the unreimbursed expenses and Respondent paying ____% of the unreimbursed expenses.

d. Childcare Support. Neither party incurs childcare expenses for the joint minor child(ren)               OR Petitioner/Respondent pays $_______/month for childcare for the minor child(ren). Petitioner’s/Respondent’s monthly childcare support obligation is $________.

e. Healthcare Coverage. Petitioner/Respondent shall continue (OR is hereby ordered) to carry healthcare coverage for the minor child/ren herein, so long as such coverage is available with substantially similar coverage and at substantially similar cost to the party ordered to carry the same.

f. Other Regular Expenses. Petitioner/Respondent shall be responsible (OR The parties shall share the cost of other regular expenses pursuant to PICS OR shall equally share the cost of…) for other regular expenses that the parties may reasonably be expected to share related to the minor child(ren) including costs of camps, extracurricular activities, school lunch or other school meal expenses, field trips, and costs associated with attendance at other school functions including dances, performances, and social clubs. These expenses do not include food, utilities, or other expenses associated with either party’s parenting time.

g. Tax Exemptions and Credits. Beginning with tax year 202x, the parties shall equally share in claiming the minor child(ren) on their federal and state income tax returns. Petitioner shall claim the minor child(ren) as a tax benefit and earned income credit on Petitioner’s federal and state tax returns in odd tax years. Respondent shall claim the minor child(ren) as a tax benefit and earned income credit on Respondent’s federal and state tax returns in even tax years.

When only one (1) child may be claimed as a tax benefit and earned income credit, the parties shall alternate claiming the remaining child with Petitioner claiming the child in odd tax years and Respondent claiming the child in even tax years.

The parties shall execute any documents necessary to allow the tax provisions herein.                         OR

Beginning with tax year 202x, the parties shall equally share in claiming the minor children on their federal and state income tax returns. Petitioner shall claim the oldest minor child as a tax benefit and earned income credit on Petitioner’s federal and state tax returns each and every year. Respondent shall claim the youngest minor child as a tax benefit and earned income credit on Respondent’s federal and state tax returns each and every year. The parties shall alternate the remaining the child each and every year, with Petitioner claiming the child on Petitioner’s state and federal tax returns in odd tax years and Respondent claiming the minor child on Respondent’s state and federal tax returns in even tax years.

When only two (2) children remain, the parties shall equally share in claiming the minor children on their federal and state income tax returns. Petitioner shall claim the oldest minor child as a tax benefit and earned income credit on Petitioner’s federal and state tax returns each and every year. Respondent shall claim the youngest minor child as a tax benefit and earned income credit on Respondent’s federal and state tax returns each and every year.
When only one (1) child may be claimed as a tax benefit and earned income credit, the parties shall alternate claiming the remaining child with Petitioner claiming the child in odd tax years and Respondent claiming the child in even tax years.

The parties shall execute any documents necessary to allow the tax provisions herein.

h. Overnight Equivalents. The parties agree that Petitioner shall exercise 182.5 overnights with the minor child(ren) and Respondent shall exercise 182.5 overnights with the minor child(ren).

i. Retroactive Support/Arrears. Any retroactive support/arrears have merged into the Judgment and Decree and have been considered in the property settlement.                                                                         OR

Petitioner/Respondent has retroactive support/arrears in the amount(s) of _________________
INCLUDE CALCULATIONS/SHOW YOUR WORK

j. Reimbursement. A party seeking reimbursement for medical and dental expenses must request reimbursement no later than two (2) years from the date the expenses were incurred pursuant to Minn. Stat. § 518A.41, subd. 17(b).

k. Automatic Income Withholding. Nothing in this Order shall prohibit either party from applying for child support services and/or income withholding pursuant to Minn. Stat. § 518A.53 as specified in attached Appendix A.

l. Deviation. The basic child support amount is a deviation from the basic support obligation under Minnesota laws, and the facts supporting this deviation from the basic amount include that, due to the partiers’ income disparity, Petitioner/Respondent shall pay ____% of the costs associated with the joint minor child(ren)’s medical, dental, and vision insurance premiums, as well as ____% of the unreimbursed medical, dental, orthodontic, and vision expenses for the joint minor child(ren). Additionally, Petitioner/Respondent shall cover all costs for the minor child(ren)’s regular expenses as laid out in Conclusion of Law #_____.

Respondent/Respondent shall not be obligated to contribute to any insurance costs or unreimbursed expenses, or other regular expenses as laid out herein. OR [INSERT OTHER FACTORS SUPPORTING DEVIATION]

m. Termination of Support. The child support obligations herein shall terminate when the minor child(ren) herein reach the age of 18 years or graduates from high school, whichever occurs last, provided that support will not continue past the minor child’s 20th birthday; or the child becomes self-supporting, is emancipated, married, serving in the armed forces of the United States, or is deceased, or by further order of the court.

n. Best Interests. This child support arrangement is in the minor child(ren)’s best interests considering the overnight equivalents herein and Petitioner’s/Respondent’s basic, medical, and childcare support obligations herein, and unreimbursed medical/dental expense obligations.

Findings of Fact (if referring to expedited process)

1. The parties agree that the issue of permanent Basic Child Support, Childcare Support, Medical Support, Medical and Dental Insurance Expenses, medical insurance for the minor children, unreimbursed medical expenses, tax exemptions and credits, overnight equivalents, and retroactive support/arrears shall be determined in the expedited process at a hearing to be held on ____________________ at ______________ a.m./pm.

Conclusions of Law (if referring to expedited process)

a. Basic Child Support. The parties’ ongoing monthly basic child support obligation shall be determined in the expedited process at the hearing scheduled above.

b. Medical Support. The parties’ ongoing monthly medical support obligation shall be determined in the expedited process at the hearing scheduled above.

c. Unreimbursed Health and Dental Expenses. The parties’ unreimbursed health and dental expense support obligation shall be determined in the expedited process at the hearing scheduled above.

d. Childcare Support. The parties’ ongoing monthly childcare support obligation shall be determined in the expedited process at the hearing scheduled above.

e. Healthcare Coverage. The parties’ obligation to provide healthcare coverage for the minor child/ren shall be determined in the expedited process at the hearing scheduled above.                                OR               Petitioner/Respondent shall continue (OR is hereby ordered) to carry healthcare coverage for the minor child/ren herein, so long as such coverage is available with substantially similar coverage and at substantially similar cost to the party ordered to carry the same.

f. Other Regular Expenses. Each party shall be equally responsible for other regular expenses that the parties may reasonably be expected to share related to the minor children including costs of camps, extracurricular activities, school lunch or other school meal expenses, field trips, and costs associated with attendance at other school functions including dances, performances, and social clubs. These expenses do not include food, utilities, or other expenses associated with the parties’ parenting time.

NOTE: ONLY USE THIS PROVISION IF THE PARTIES AGREE—THE COUNTY CANNOT ENFORCE THIS PROVISION IN A IV-D MATTER AND THE MAGISTRATE MAY NOT APPORTION OTHER EXPENSES.

g. Tax Exemptions and Credits. The issue of tax exemptions and credits shall be determined in the expedited process at the hearing scheduled above.    OR       

Beginning with tax year 202x, the parties shall equally share in claiming the minor child(ren) on their federal and state income tax returns. Petitioner shall claim the minor child(ren) as a tax benefit and earned income credit on Petitioner’s federal and state tax returns in odd tax years. Respondent shall claim the minor child(ren) as a tax benefit and earned income credit on Respondent’s federal and state tax returns in even tax years.
When only one (1) child may be claimed as a tax benefit and earned income credit, the parties shall alternate claiming the remaining child with Petitioner claiming the child in odd tax years and Respondent claiming the child in even tax years. The parties shall execute any documents necessary to allow the tax provisions herein.
                                                            OR
Beginning with tax year 202x, the parties shall equally share in claiming the minor children on their federal and state income tax returns. Petitioner shall claim the oldest minor child as a tax benefit and earned income credit on Petitioner’s federal and state tax returns each and every year. Respondent shall claim the youngest minor child as a tax benefit and earned income credit on Respondent’s federal and state tax returns each and every year. The parties shall alternate the remaining the child each and every year, with Petitioner claiming the child on Petitioner’s state and federal tax returns in odd tax years and Respondent claiming the minor child on Respondent’s state and federal tax returns in even tax years.

When only two (2) children remain, the parties shall equally share in claiming the minor children on their federal and state income tax returns. Petitioner shall claim the oldest minor child as a tax benefit and earned income credit on Petitioner’s federal and state tax returns each and every year. Respondent shall claim the youngest minor child as a tax benefit and earned income credit on Respondent’s federal and state tax returns each and every year.
When only one (1) child may be claimed as a tax benefit and earned income credit, the parties shall alternate claiming the remaining child with Petitioner claiming the child in odd tax years and Respondent claiming the child in even tax years. The parties shall execute any documents necessary to allow the tax provisions herein.

h. Overnight Equivalents. The issue of overnight equivalents is shall be determined in the expedited process at the hearing scheduled above.                                                  OR
The parties agree that Petitioner shall exercise 182.5 overnights with the minor child(ren) and Respondent shall exercise 182.5 overnights with the minor child(ren).

i. Retroactive Support/Arrears. The issue of retroactive support/arrears shall be determined in the expedited process at the hearing scheduled above.
                                                                                              OR
Any retroactive support/arrears have merged into the Judgment and Decree and have been considered in the property settlement.
                                                                                               OR
Petitioner/Respondent has retroactive support/arrears in the amount(s) of
INCLUDE CALCULATIONS/SHOW YOUR WORK

j. Reimbursement. A party seeking reimbursement for medical and dental expenses must request reimbursement no later than two (2) years from the date the expenses were incurred pursuant to Minn. Stat. § 518A.41, subd. 17(b).

k. Automatic Income Withholding. Nothing in this Order shall prohibit either party from applying for child support services and/or income withholding pursuant to Minn. Stat. § 518A.53 as specified in attached Appendix A.

l. Termination of Support. The child support obligations herein shall terminate when the minor child(ren) herein reach the age of 18 years or graduates from high school, whichever occurs last, provided that support will not continue past the minor child’s 20th birthday; or the child becomes self-supporting, is emancipated, married, serving in the armed forces of the United States, or is deceased, or by further order of the court.

m. Best Interests. This child support arrangement is in the minor child(ren)’s best interests considering the overnight equivalents herein and Petitioner’s/Respondent’s basic, medical, and childcare support obligations herein, and unreimbursed medical/dental expense obligations.