Important Information Regarding Minnesota's Child Support Law

Curious how MINNESOTA'S CHILD SUPPORT LAW can affect you or someone you know?

Here are some things you should know:

  1. The custodial parent's income will be taken into account when calculating child support!
    The MN law considers the gross incomes of both parents. As you may be aware, the law previously only looked at the net income of one person - the person paying child support!
     
  2. Forget the Labels
    Under the MN law there is less significance placed on the label of "sole physical custody" or "joint physical custody" when it comes to its effect on child support.
     
  3. Child Support Obligations Could Decrease
    A non-custodial parent (the one who pays child support, otherwise known as an "obligor") may end up paying less child support. The MN statute provides a 12% credit off of child support for a parent who has child(ren) in his or her care from 10% to 45% of the time annually. For a parent who has the child(ren) in his or her care over 45% of the time annually a substantial break in child support is given even though the parties may have never been awarded "joint physical custody."
     
  4. A 20% decrease in the gross income of either party or a 20% change in the child support amount will trigger a potential change in child support.
    A change in child support is permitted if:

    The gross income of either party goes down by at least 20% through no fault or choice of their own; or If child support due under the MN statute would be 20% higher or lower than a prior court order (with at least a $75 monthly change in child support).
     
  5. Those paying child support for one child are likely to really benefit!
    Analysts have determined that a person who pays child support for just one child stands the best chance of getting their child support reduced under the MN statute. However, even if an obligor is paying child support for more than one child, the obligor's child support could still decrease particularly if the obligor's gross income is considerably less than the gross income of the obligee (the person who receives child support).
     
  6. Hardship cases may prevent an otherwise allowable change in child support.
    The court does retain the discretion to limit the change in child support if it determines that the change would create a hardship for either party.
     
  7. Those earning less than $957 gross a month are likely to see substantial decreases in child support.
    If an obligor's gross income is less than $957 monthly, he or she will only need to pay $50 monthly for one or two children; $75 monthly for three or four children; and $100 monthly for five or more children.

Now is the time to put yourself in the driver's seat! If you discover that you are presently eligible to change your child support amount, acting now could save you hundreds of dollars. Contact us today!

 

 

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