Once you satisfy one of the above criteria, it is presumed that child support should be modified if the change in the child support award pursuant to the guidelines child support award is a difference of at least $75.00 AND 20%. However, the court may modify it based on other circumstances, as long as the court finds the existing child support award to be unreasonable and unfair.

Child support can be a very confusing subject for people who do not have to deal with it on a daily basis. If you have questions about your specific situation and if your case may benefit from seeking a modification in support, contact a family law attorney at H&L today for a free initial consultation.

Pursuant to federal law, if an individual is $2,500.00 or more in arrears in child support and does not have a payment plan with the county child support office to pay it off, the Minnesota Department of Human Services may report the individual to the U.S. Department of State. Once that individual’s name has been shared with the U.S. Department of State, the Secretary of State will not issue a passport for that individual.

The passport denial continues until the individual has completely paid down their child support arrears; the obligor is not able to just pay it down below the $2,500.00 amount and get their passport.

Once the child support arrears are paid in full, the Minnesota Department of Human Services will notify the U.S. Department of State that there is no longer a hold for unpaid child support. The U.S. Department of State will make sure that there are no other outstanding obligations in other states and may at that time lift the restriction on obtaining a passport.

This process is exemplified here by the U.S. Department of State. However, it is best to discuss your options with an attorney if you are in this situation.

• Right of first refusal: The right of first refusal means that if the parent “on duty” is unable to care for the children for a period of time (often specified in the agreement), that the other parent has the first opportunity to say they will care for the children. This allows the off-duty parent to spend more meaningful time with the children rather than the children being cared for by a babysitter or other family members. This can get contentious if the boundaries are not set by the parents though. For example, if a time period is not specified and the child is regularly in daycare, the parents may not later agree on whether time in daycare is subject to this right or not.

• Vacation time: If the parents want to take extended vacation time with the children uninterrupted by parenting time of the other parent, they are able to agree to this. Often parents will agree to anywhere between one and three weeks during the summer or school breaks. This time can be spent just staying in town if the parent has time off of work or going away on vacation.

• Telephone/Email/Skype contact: Parents are able to set parameters for contact from the other parent during their parenting time. It is always the same for both parents, depending on what home the children are in at the time. Some parents prefer to allow unfettered access to the children, whereas others prefer to have a smaller block of time (generally a couple hours in the evening) where the parent may call. If the noncustodial parent does not live nearby, Skype allows an opportunity for the noncustodial parent and the children to have face time together.

• Extracurricular expenses: In a general divorce decided by the court, extracurricular expenses may not be addressed. However, this often is a large expense of the custodial parent that should be shared. The parents are able to agree as to how these expenses should be divided, whether it is by their percentage of income, shared completely, or if one parent will pay all expenses in exchange for something else.

• Mediation: Most parents that reach an agreement on parenting time and custody are able to work together to an extent. To that end, when problems arise in the future, there is often a provision added to the agreement that the parents will try to work out the problem before going to court. If they used mediation in the past, they most often will include that.

What happens once custody is transferred? Who is financially responsible for the child?

Minnesota Statutes set out specifically how child support is calculated based on guidelines for support. Minn. Stat. § 518A.35, subd. 1(c) states as follows: “If a child is not in the custody of either parent and a support order is sought against one or both parents, the basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children, and the parent’s individual parental income for determining child support, not the combined parental incomes for determining child support of the parents.” This means that the biological parents will remain financially responsible for the minor child, either jointly or separately. The custodian has one less thing to worry about in taking over the responsibilities that come with parenting a child.

 The obligor is able to object to the COLA on the basis that his or her income did not increase and that he or she is unable to pay an increase in child support.  This can be verified through tax returns and paystubs.  The court then has the opportunity to hear the issue from both parties and determine whether or not to grant the increase in child support.

Generally, when a party is given notice that a cost of living increase may go into effect, it is a good time to review the child support obligation.  It is possible that the income levels of the parties have changed or other related costs, such as daycare or medical insurance.  If the amount of child support that would be ordered under the current facts differs enough from the previously ordered child support amount, it is possible to receive a modification in support.

Either party is able to request a modification of child support.  If the party receiving support determines that the support should increase based on the circumstances, it would be worthwhile to request a modification in child support as well.  The court uses the same standard for modifying either upward or downward from the current child support award.

If a parent is on any form of public assistance (i.e.-food stamps or Minnesota Care insurance), the court cannot impute income to a parent. This means the court may only calculate child support based off of what the parents actually made for a gross monthly income. Otherwise, if public assistance is not involved in a case, the parties may argue that one party should have a certain income due to prior work experience or that the other party is willfully underemployed or unemployed. Most often, if one parent does not work and there is no clear income level to impute to them, the court will consider 150% of minimum wage for that party’s monthly income.

Once the parties’ income is established, the numbers are put into a child support calculator, available online. Both parents’ income is added together, giving a monthly income available for the child. each parent’s percentage of that total income is the percentage of responsibility assigned to them for child care expenses, medical insurance, and other unreimbursed costs related to the children.

While child support is calculated in a straight-forward way, it can be very confusing to parents looking to establish an amount of support or wondering if their child support obligation should be modified. If you have questions about how child support is calculated, call the family law attorneys at Heimerl & Lammers today.

If a servicemember comes home from active duty and finds that a judgment was entered in court without their consent or knowledge, the service member may be able to have the judgment voided. If the service member finds out that some legal action has started, they are able to request a stay, forcing the court action to be postponed.

This act can protect servicemembers from having to make important decisions when they are not fully able to devote attention to the matter. Both parties’ military status is required to be disclosed at the start of any legal proceedings, so the court will be on notice from the start if there are special issues in your case. For more information on this act, visit the Department of Defense’s website.

The court has made the child support calculator available online on the Minnesota Department of Human Services website. If you have questions about the amount of child support you may be awarded, it is a good idea to start there and experiment with income figures.

If a parent is under- or un-employed, the court may impute income to them. Income may be imputed to an amount that they are capable of earning, have earned in the past, or a default amount of 150% of minimum wage (approximately $1,702.00 per month). If after child support has been awarded there are changes in a parent’s income, the court may modify the child support award. This is done through a motion filed by the party requesting the change. The court will look at the request, see if it qualifies as a change in circumstances defined in Minnesota Statute § 518A.39, and determine if a modification would be appropriate.

If you have questions about child support in general, or more specific questions about your case, call the family law attorneys at Heimerl & Lammers today.

If the Respondent misses the 30-day time limit to answer, the Petitioner is able to go back to the court, stating that the Respondent is in “default” and have the divorce processed anyway.  You may or may not have to make a court appearance, based on your specific circumstances.  Not all issues are always able to be resolved with a default, however.  if you have property out of state, or children out of state, you should consult with an attorney.  But the bottom line is not both parties need to participate in the process in order for the court to grant a divorce.

If you have been served with divorce papers, even if you do not want a divorce, it is in your best interest to respond within the 30-day time frame.  If you miss the deadline and the court enters the divorce without you having a say, it is very difficult to reopen the case later on.  If you have questions about what your rights are in the divorce process, contact a family law attorney today.  At Germscheid, Heimerl & Lammers, we offer free initial consultations.  Call us today to discuss your case.