What Steps Can Men Take to Address Discrepancies in Child Support Assessments in Minnesota?

When is Child Support Ordered?

According to Minnesota State Law, child support is ordered when a married couple initiates divorce proceedings and they share minor children. When a child is born to unmarried parents, paternity must be established by the court, and then child support can be ordered. If paternity is contested or involves multiple parties, a court may order the alleged father to make child support payments if a paternity test indicates a 92% match.

What Types of Child Support are Available in Minnesota?

Every child support plan in Minnesota consists of three basic elements:

• Basic support: Support representing the basic costs of the child’s everyday life, such as housing, food, clothing, transportation, education, etc.
• Medical support: This type of support helps children to remain healthy by providing for doctor appointments and dental checkups, as well as provisional emergencies.
• Childcare support: Childcare support dictates the costs of services such as daycare or other childcare facilities that care for the child while the parents work or attend school.

What Factors Determine Child Support?

The State of Minnesota uses an income share model to determine child support payments. Several factors are used to calculate the amount of support that will be paid from one parent to the other. Some of those factors include:

• Income of both parents: A primary component of child support calculations is the gross income of both parents, including wages, bonuses, commissions, and other benefits.
• Childcare costs: Childcare expenses that are deemed necessary for a parent’s continued employment or education are considered.
• Healthcare costs: The cost of medical and dental insurance premiums, as well as unreimbursed medical expenses, are considered.
• Number of children: The number of children who require support is considered.
• Parenting time: The amount of time each parent spends with the child is also considered. Additional time spent with the noncustodial parent may require adjustments in payment.
• Child’s extraordinary expenses: All costs relating to a child’s unique needs, education, or other extracurricular activities will be considered.

What Does Child Support Cover?

Child support in Minnesota is meant to be used for:

• Food
• Shelter
• Clothing
• Utilities
• Healthcare
• Daycare

Child support is NOT meant to be used for:

• Extracurricular activities
• Babysitters or optional childcare
• Private schooling, with exceptions

How Can I Modify an Existing Child Support Arrangement?

To file a motion to modify an arrangement, one parent must write a statement describing why the modification is warranted. Either parent may file at any time. Once this motion is filed, the court will decide to approve or reject the modification. A family lawyer from The Legal Dad will be beneficial during this process by filing the motion, presenting the evidence, and assisting during the process.

What Circumstances Warrant a Change in Child Support?

A court will only consider a change in the amount paid if there has been a significant change in circumstances. This change must be so substantial that it renders the previous order “unfair and unreasonable.” The new order must change by $75 and 20% in either direction from the old order. Changes in circumstances that impact child support include:

• Changes in child care: A parent may modify payments if changes to work-related child care have occurred. For example, if a parent needs to work more often, child support adjustments may be warranted.
• Adjustments to income: Significant income changes may lead to a change in child support. A considerable pay increase may mean the amount should be higher. Alternatively, a loss in income may also warrant a change in amount. However, suppose the paying parent voluntarily quits a job or takes a job with substantially lower pay. In that case, the other parent may argue that willful underemployment does not warrant a change in the amount of child support owed.
• Cost of living changes: Child support payments are also adjusted for inflation and rising living expenses. Changes may be requested in either direction as long as the standard of living for the child remains the same.
• Medical coverage adjustments: A parent’s ability to cover the child’s health insurance is considered in child support. When one parent is responsible for the child’s healthcare or if coverage is gained through that parent’s employment, then the amount paid by that parent would be less.
• Change in number of children: If the number of children that a parent is legally obligated to support has changed, either through the death of a child or the birth of a child, the amount of support may be altered. 

Does Minnesota Favor the Mother or the Father?

The State of Minnesota affords equal legal rights to both mothers and fathers. However, unmarried parents are only permitted these protections once paternity has been established through a Recognition of Parentage form or court action.

What Changes Have Been Made to Minnesota Child Support Laws?

As of 2023, new child support laws include the following:

• A minimum basic support amount of $50 for families with one child and an additional increase of $10 per extra child
• An adjustment for low-income parents with combined incomes of $6,000 or less per month
• An increase in the deduction for non-join children from 50% to 75% of the guideline amount
• Changes to the basic child support table calculations
• Changes to the Self-Support Reserve Elimination of interest in child support arrears

Do I Need an Attorney?

If you believe a child support ruling has been intentionally unfavorable to you and you would like to address it, call The Legal Dad today at 612-712-3405 or fill out a contact form for a free consultation.