Rochester Minnesota Child Support Lawyer

Child Support Attorney Minnesota

Child Support is the legal obligation of a parent to pay a portion of their income for the support of their child or children.  Child support can be sought by any parent or guardian of a child, regardless of who has custody of that child, although it is most likely that a non-custodial parent would owe child support.  If you need a Rochester Minnesota child support attorney, we can help.

Obtaining Child Support

There are several ways by which a parent of a child can pursue a claim for child support against the child's other parent;

• As part of a divorce;
• As part of an action to establish paternity;
• By agreement between the parents of the child; or
• Through a court hearing specifically to determine child support.

A child support hearing usually takes place before a Child Support Magistrate.  A Child Support Magistrate is an officer of the court whose specific job is to hear child support cases.  It is very important to remember that a Child Support Magistrate does NOT have the authority to grant a divorce, establish the legal father of a child, or grant parenting time to either parent of a child.  If you need help with those matters, you will need to file other court actions.

Factors that are Considered for Child Support

The following factors are included in calculating child support:

• The income of both parents;
• The potential income of either or both parents.  Potential income is income that a parent could be making, but currently is not, intentionally or unintentionally;
• Any spousal maintenance obligation either parent may have;
• Any prior child support obligation either parent may have;
• Any non-joint children either parent may have;
• Any Social Security or Veterans Benefit payments either parent may be receiving on behalf of a child;
• Any childcare expenses being incurred by either parent;
• Any health insurance expenses being incurred by either parent;
• The amount of parenting time, if any, currently awarded to the non-custodial parent.

You can get an estimate of how much child support you might owe or receive at this website.  However, it is important to remember that a Child Support Magistrate or District Court Judge does have the authority to order the party obligated to pay child support to pay more or less than the calculated amount if there is good reason for that.

Effect of Parenting Time on Child Support

The parent without primary physical custody of the children is entitled to a deduction for costs that come up during parenting time. This is called the “child support parenting expense adjustment”. The amount of the deduction depends on how much parenting time the court orders. For example:

• If the parenting time is less than 10% of the total time, there is no deduction.
• If the parenting time is between 10% and 45%, there is a 12% deduction.
• If the court orders parenting time of 45.1% or more, that is equal custody, and a different child support formula is used.

It is very important to understand that an order for “joint physical custody” does not, by itself, affect the amount of child support. Rather, the amount of parenting time, based on the number of overnights that each parent has with the child, determines which child support formula applies. If each parent has at least 45.1% of overnights with the child, or other significant time that the court determines, the court will use a joint custody formula instead of the parenting time expense adjustment.

The Minnesota legislature has also added a self-support reserve amount which is set at 120% of the federal poverty guidelines. At this time, that level is $1,083.00 per month for a household of one. That means that the obligor must have at least that amount left from his/her gross income after child support is paid. If the obligor makes less than $1,083 a month, then the child support obligation is set at a minimum order which is $50 for 1 or 2 children; $75 for 3 or 4 children; or $100 for 5 or more children.

After child support is initially set, you have a right to ask for a review in the first six months following entry of the order. You must request this hearing if you want one and usually the form to request the hearing is attached to the order. 

Request a Free Consultation

If you have additional questions about Child Support in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call  507.206.6020 or complete our free case evaluation form.