Divorce, Mediation & Family Law

Child Support Guidelines

In Minnesota child support is paid using a guideline formula. The guideline formula is contained in a table that is included in the Minnesota Statutes at 518.551.

The guideline is based on the number of minor children to be supported and the net (take-home) income of the person who will pay child support. Net income is defined by law and may be different from what is actually calculated on a paycheck.

It is possible for a parent receiving child support to receive more than the amount set out in the guidelines. To get more support requires proof that the children have needs that exceed the basic needs provided for in the guidelines. For example, if the children are in private school the cost of private education could be a factor for the court to consider in setting child support that exceeds the guidelines.

If parents actually share parenting of the children (this is more than a mere label of joint custody) child support for the children is set by taking into account the amount of time the children actually spend with each parent.

In 2007 Minnesota will make a substantial change in the way it calculates child support. It will calculate child support based on an income share model that takes the income of both parents and the needs of the children into account and apportions the support based on income, need, and time with parent. This method when compared with the guidelines will increase support in some cases and decrease in others.

The new laws are not retroactive and will not impact cases where support was already established until 2008. New calculations of support will be made under the income share model.

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