Child Support Overview
In 2006 the Minnesota Legislature passed a bill that dramatically changed the way the state calculates child support obligations. The changes went into effect on January 1, 2007, and they may require some parents to go back to the drawing board to sort out child support payments.
Previously, only the non-custodial parent’s “net” income was considered when calculating child support. The new legislation looks at both parent’s “gross” income. It considers the cost of raising children, divides the cost based on the parents’ relative incomes, and also makes some adjustments for parenting time.
Under the previous law, the battle over which parent had sole physical custody was very important as it related to child support because only a “joint” physical custodian received a reduction in child support payments. Under the new law, however, the percentage of time each parent has with the child is the critical factor, not the custody label.
More information about the new Child Support Guidelines, please visit www.childsupport.dhs.state.mn.us
After January 1st, 2007
The new law changed the way child support is calculated so more emphasis is placed on the amount of time each parent spends with the child versus a custodial label.
In addition to taking into consideration the time spent with the child, new child support cases will look at the gross income of both parents. Previously, child support payments in Minnesota were determined solely on the net monthly income of the parent without primary custody. The new legislation applies an “income sharing” approach to the payment of child support. The law also allows a judge to assign an income to a parent who is voluntarily unemployed or underemployed. This provision was added to encourage both parents to work up to their full potential and not rely on child support.
The new law currently stipulates that a divorced parent who spends between 10 percent and 45 percent of time with the child will automatically receive a 12 percent cut in child support payments. If each parent has 45 percent or more of the child’s time, support will be reduced even further, based on the parties’ respective incomes.
Starting in January of 2008 parents who were paying child support calculated under the old law may now request a modification under the new law.
A Child Support Calculator is available at http://childsupportcalculator.dhs.state.mn.us/
If you would like to know how the new child support law applies to your case, please call us at (763) 746-4045.
Prior to January 1st, 2007
The old Child Support Guidelines were based on two factors: the number of children, and the non-custodial parent’s net income. Net income for purposes of child support was defined as total income minus the following statutorily allowed deductions:
- Federal Income Tax
- State Income Tax
- Social Security Deductions
- Reasonable Pension Deductions (usually 8% - 10%)
- Union Dues
- Cost of Dependent Health Insurance Coverage
- Cost of Individual or Group Health/Hospitalization Coverage or an Amount for Actual Medical Expenses; and
- A Child Support or Maintenance Order that is Currently Being Paid.
Once a figure for net monthly income had been determined, the following table was used to determine what percentage of that net monthly income would be paid in child support:
| Net Monthly Income | 1 Child | 2 | 3 | 4 | 5 | 6 | 7+ |
| $0-550 (Judge's discretion) | |||||||
| $551-600 | 16% | 19% | 22% | 25% | 28% | 30% | 32% |
| $601-650 | 17% | 21% | 24% | 27% | 29% | 32% | 34% |
| $651-700 | 18% | 22% | 25% | 28% | 31% | 34% | 36% |
| $701-750 | 19% | 23% | 27% | 30% | 33% | 36% | 38% |
| $751-800 | 20% | 24% | 28% | 31% | 35% | 38% | 40% |
| $801-850 | 21% | 25% | 29% | 33% | 36% | 40% | 42% |
| $851-900 | 22% | 27% | 31% | 34% | 38% | 41% | 44% |
| $901-950 | 23% | 28% | 32% | 36% | 40% | 43% | 46% |
| $951-1,000 | 24% | 29% | 34% | 38% | 41% | 45% | 48% |
| $1,001-6,975 | 25% | 30% | 35% | 39% | 43% | 47% | 50% |
In addition to the aforementioned child support, a non-custodial parent can be required to contribute to the childcare costs of the minor children that are necessary while the custodial parent is at school or work.
Pursuant to Minnesota Statutes, it is required that the parties must each assume a portion of the minor children’s medical and dental expenses, including medical and dental insurance, in proportion to their respective net incomes. This is also considered to be additional child support.