At Olup Law ensuring that children have the financial support they require to meet their needs is an important aspect of our commitment to children. We believe that children have the right to be supported by both parents. Legally, “child support” is a term that is used to refer to the amount of money paid by one parent to the other for the daily and long-term needs and expenses of the minor children.
Child Support – making sure children have the support of both parents.
Learn more about child support in Minnesota:
Minnesota Child Support Guidelines
In Minnesota child support is paid based on a shared income formula. The shared income formula is contained in Minnesota Statutes at 518A.27 through 518A.36. The income share model factors the income of both parents against the needs of the children as determined by the legislature and allocates support to the custodial (residential) parent based on income, need, and the time the children spend with each parent. To calculate the amount of child support that should be paid/received a parent can use the Minnesota Child Support Calculator, an online worksheet that automatically calculates child support based on the input of financial information.
There are three different forms of child support.
Basic monthly child support is the amount that is received each month for the general financial support of the children. Medical support is the amount allocated for the payment of medical and dental insurance premiums from the income of each parent. Child care support is the amount allocated for the payment of expenses incurred by a parent to care for the children when the parent is working or attending school that will provide employment from which income will be received.
Child support is based on gross income. Gross income is the income earned before any deductions and before participation in any employer-sponsored benefit plan that allows an employee to pay for a wages, commissions, spousal maintenance payments received under a previous order or the current
It is possible for a parent receiving child support to receive more than the amount provided for by law. To get more support requires proof that the children have reasonable 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 recommended payments for child support.
Time with each parent for the purpose of calculating child support is based on the number of overnights a child is with each parent. The overnights are then converted to percentages of time with a parent. There are three categories; less than l0%, between 10 and 45% or between 45.1 % and 50%. When using the Minnesota Child Support Calculator there is a section in which the percentage of time is selected before the calculation is made.
The Minnesota Child Support Calculator contains definitions for the terms that are used. For example, children of the relationship are called “joint children”. Children who are from other relationships are called “nonjoint children”.
While the child support calculations are a good guideline for the amount of support likely to be paid/received, there are other factors that can be taken into consideration in setting the amount of child support.
For more information about monthly child support go to http://www.dhs.state.mn.us
The attorneys at Olup Law can assist you in determining what you may be entitled to receive for basic monthly child support.
Divorce, Child Support and Uninsured Medical Expenses in Minnesota
The law provides for the payment of child support for medical and dental insurance but does not provide for uninsured medical and dental expenses. The court can determine who will provide for the uninsured medical expenses of the children.
For more information about medical support, health care coverage and uninsured medical expenses go to http://www.dhs.state.mn.us
The attorneys at Olup Law can assist you in determining what you may be entitled to receive for medical child support including the payment of uninsured medical expenses.
Divorce and Day Care Costs in Minnesota
The law provides for the payment of child care support when the custodial parent works or is going to school, that both parents contribute to the cost of daycare that enables the custodial parent to work and/or attend school.
For more information about child care support go to http://www.dhs.state.mn.us
The attorneys at Olup Law can assist you in determining what you may be entitled to receive for child support to cover the payment of child care.
Who Pays for College After a Divorce in Minnesota?
Minnesota does not require parents to contribute to the college education of their children. Parents may agree to do so in the settlement of their divorce. This agreement becomes a legally binding agreement that can later be enforced.
Child Support Collection in Minnesota
Cost of Living Adjustment (COLA) in Minnesota
The law provides for a bi-annual Cost of Living adjustment (COLA) on all child support awards.
The provision contemplates that child support will be adjusted to maintain its value based on the rate of inflation and the assumption that the income of the person paying child support will have increased by at least the rate of inflation.
If the person paying child support has not received increases in his/her income that are at or above the rate of inflation then that person may oppose the increase.
The COLA adjustment is automatically calculated by the agency collecting child support. If the payments are made directly to the custodial parent then the custodial parent is responsible for providing a notice for an increase to the parent paying support. The notice sent to the person paying child support providing notice of the increase, when the increase will go into effect and the amount of the increase. The person paying child support can then contest the calculations if he/she believes that the calculations are wrong or if his/her income has not increased at the rate of inflation. There are simple forms to complete to do this.