Child Support: General Information

All this information is taken from this power point which was provided at MNCLE: The complete family lawyer training: Child Support

What Comprises Child Support?

Child support is comprised of: (Minn. Ch. 518A)

1. Basic support: the dollar amount ordered for a child’s housing, food, clothing, transportation, education costs, and other expenses related to the child’s care.
2. Child Care Support: contribution toward the work related or education related childcare expenses that is based on the proportionate share of the parties’ combined monthly PICS.
3. Medical Support

Why do parents have to contribute?

Contributions by a Parent are required per statute. (Minn. Stat. §256.87 / 518A.81)

Parents have a duty to support their children whether there is public assistance open:

• A parent of a child is liable for the amount of public assistance. . . furnished to and for the benefit of the child . . . . (subd. 1)
• A person or entity having physical custody of a dependent child not receiving public assistance. . . has a cause of action for child support against the child’s noncustodial parents. (subd. 5)
• Parentage should be established before support.

Related Article: Family Law – Establishing Paternity – K|H Law Wiki

When does the County get involved?

Generally speaking, the County is involved in ANY case in which public assistance is open (Minn. Stat. §257.741)

The County can also be involved when their assistance is requested to establish child support, modify child support, or enforce an order. This is called Non-Public Assistance Services.

What does and does not constitute “public assistance”?

DOES

• MFIP or TANF (for the joint child)
• Child Care Assistance (for the joint child)
• Medical Assistance (for the joint child)

DOES NOT

• MFIP or TANF for a parent
• Child Care Assistance for a non-joint child
• Medical Assistance for the parent
• Medicare
• Federal Subsidies
• MNSure (MNSure is an insurance exchange/marketplace, NOT a form of coverage)

Related Articles: Family Law – Public Assistance in Divorce / Custody Cases – K|H Law Wiki

Tips for Drafting Child Support Orders

1. List all three obligations in sum certain amounts
   1. Include if you are reserving/setting $0 for a specific obligation
   2. Avoid using percentages like Mom will be responsible for 45% of medical costs
2. Do not use net orders
   1. This affects COLAs and other enforcement issues
3. Do not list child care support as an offset
4. Even when Medical is an offset, list the obligation as order:
   1. Example: Mom shall pay $50 per month for medical support
5. Include language that when medical assistance is open, medical support should only charge “for any month that public assistance is open”
6. Always address unreimbursed/uninsured medical expenses
7. Write simply and completely
   1. Some terms are unclear and that makes the order difficult to enforce
   2. Avoid ambiguity
8. Always attach guideline worksheet, even if you are deviating
9. Indicate the specific date that support will start:
   1. “Beginning August 1, 2024 . . . “
10. Avoid language about automatic modifications of child support as children emancipate
    1. If the order is not a “per child” order, then there will have to be a separate order to modify child support
       1. A “per child” order is not common, but would be something like “Father will pay $300 per month per child for a total of $900 per month” (3 kids)
    2. Be clear on parenting time
       182. Include the number of overnights, even if it is equal parenting time (182.5 each)
            1. Holidays likely won’t be taken into consideration so those overnights should be included in your total overnight calculation
       183. Do not call certain expenses “child support” that are not. This makes it impossible for the County to enforce if necessary.
            1. The County can only enforce basic, child care, and medical support
       184. Do not assess potential income against MFIP recipients per Minn. Stat. § 518A.32, subd. 4.
       185. Review Minn. Stat. 518A.32, subd. 2 when imputing income
       186. Best practice to address payback on past support in certainly monthly amount. Otherwise, collected at additional 20% of obligation through IV-D

$0 vs. Reserved orders

• Reserved= no court order. Court reserves the issue for a later date
• $0 order = an actual child support order
• Reserved orders are easier to set support. Do not need to meet modification standard
• $0 order MUST meet modification standard, which is an extra burden

Related Articles: Family Law – Child Support Calculation Guide & Definitions – K|H Law Wiki

Providing Documentation for Income (Self-Employed)

Related Articles: Family Law – Child Support Calculation Guide & Definitions – K|H Law Wiki

Deviations

• Guidelines calculation is a rebuttable presumption
• After rigid calculation is made, Court can consider whether to deviate to a lower or higher obligation.
  • Calculation is rigid, humans and families are complicated
• Deviation is intended to encourage prompt and regular payment and to prevent either parent/child living in poverty.
• Deviation factors must include:
  • All income/resources of parents
  • Extraordinary needs (physical, emotional, educational) of child
  • Standard of living child would enjoy if parents lived together
  • If child lives in foreign country with higher or lower cost of living
  • Which parent receives income tax credit
  • Parents debt
  • Parents support obligations exceed Consumer Credit Protection Limits (“CCPA”)
    • Can only withhold up to 65% of obligors income
• If Public Assistance is Open and there is payment assigned to the public authority (meaning the standard CS calculation has the parent paying the county for a portion) then the “Court may not … deviate downward … unless the court specifically finds failing to deviate downward would impose an extreme hardship on the obligor.”

Past Support (Minn. Stat. § 256.87)

• Custodial Parent can ask for support prior to commencement of action
  • Up to two years prior to case beginning (or from date of birth of child if less than two years old)
  • Commencement of action = after last party is served (if waived service, date of signing the waiver)
• Depending on status of public assistance, all or a portion of past support is owed to the county
  • From date MFIP-cash opened, basic support is assigned to county. Child support officer (“CSO”) will calculate past support obligation and total amount of public assistance expended in that time.
    • If public assistance expended > support = ALL owed to county
    • If public assistance expended < support = excess is owed to custodial parent
      • Example: past monthly support obligation is $500/mo. for 12 months. Total Past support = $6000. Public assistance expended = $4000. $4000 is owed to County. $2000 is owed to CP
• Additional considerations:
  • Direct Support
    • Whether NCP has provided any direct support (money or items) for the benefit of that child. If so, that should reduce past support obligation
  • Date of separation of the parties
    • if they lived together at some point. No past support owed for times when they reside together

COLA

Family Law – Child Support: Cost of Living Adjustment (COLA) – K|H Law Wiki

Child Support Modification

Family Law – Child Support Modification – K|H Law Wiki

Child Support Calculations

Family Law – Child Support Calculation Guide & Definitions – K|H Law Wiki

Discovery / Financial Document Requests

Family Law – Child Support: (IV-D / Expedited Process) Discovery / Exchange of Financial Docs – K|H Law Wiki

Family Law – Child Support (District Court) Discovery / Exchange of Financial Docs – K|H Law Wiki