FAQ

Child Support

 

Is everyone who is currently ordered to pay child support entitled to an automatic re-calculation using the new guidelines?
No. A change in the law alone is not a basis for a change in an order. See Minn. Stat. Sec. 518A.39, subd. 2(i). In addition, until January 1, 2008, modifications will only be granted in limited situations set out in the law. See Minn. Stat. Sec. 518A.39, subd. 2(j).
When does the law apply?
The provisions used to calculate parties' support obligations apply to actions or motions filed after January 1, 2007. Minnesota Session Laws 2006 Chapter 280, Section 44.
For cases filed after January 1, 2007, does the law apply to the calculation of past support (that accrued before January 1, 2007)?
Yes. Past support will be calculated under the new lawy in cases filed after January 1, 2007, even if the time period is before January 1, 2007. Minnesota Session Laws 2006 Chapter 280, Section 44.
What is the purpose of the six-month review hearing?
The court must review whether child support is current and whether both parties are complying with the parenting time provisions of the order. See Minn. Stat. § 518.1781(d).
Can the court require a residential parent to provide health care coverage or contribute to the cost of coverage provided by the other parent?
Yes. Either parent may be ordered to provide health care coverage. See Minn. Stat. § 518A.26 subd. 14 and 518A.41, subd. 4. Both parents will typically be ordered to contribute to the cost of coverage. (There are exceptions.) See Minn. Stat. § 518A.41, subd. 5 for both general rule and exceptions.
How will the court obtain information about each party's income?
The law requires each party to file a financial affidavit with their pleadings. If a party does not serve and file a financial affidavit the court may set income for that party based on credible evidence before the court or may determine the party's potential income. See Minn. Stat. § 518A.28(a). A financial affidavit form has been drafted by the Department of Human Services as required by law. It can be found in supplemental materials or www.dhs.state.mn.us .
If a parent is primarily staying home to care for a child or children (i.e. not working, or working less than full-time) will income be attributed to that parent?
Possibly, if home to care for a joint child. Definitely, if home to care for a non-joint child. The law includes a rebuttable presumption that a parent can be gainfully employed on a full-time basis. What used to be called "imputed income" is now called "potential income." See Minn. Stat. § 518A.32, subd. 5.
When does the parenting expense adjustment apply?
There must be a court order for parenting time or parenting time is being determined in the current proceeding. See Minn. Stat. § 518A.36, subd. 1.