Modifying Child Support in Minnesota
Child support is a monetary amount paid by the non-custodial parent for the care, support, and education of their children.
How Is Child Support Calculated?
Child support is calculated based on the combined gross income of both parents. Each parent must provide documentation of their income when filing their initial pleading or motion documents.
As for what constitutes gross monthly income, it includes any kind of periodic payment such as wages, unemployment benefits, worker’s compensation benefits, pensions, military payments, disability benefits, social security benefits, self-employment income, and any other income that may be received on a regular basis. Gross income is calculated before any taxes and other deductions are taken out. Gross income only applies to the individual and not the parent’s spouse’s income or any child support that may be received for children in their custody.
The amount of child support paid may also include a parenting expense adjustment that is based on the percentage of parenting time established by the court. The number of children also has an influence on the amount of.
The following criteria are examined when determining the amount and also determining modified child support in Minnesota if a request to modify comes about:
- The earnings, income, and resources of both parents
- The financial needs and resources, as well as the physical and emotional needs of the child
- Maintaining the child’s living standard to what it would be if living with both parents
- Whether or not the child has been residing in another country for more than a year that has a higher or lower cost of living
- Who gets the child tax credit on their income tax return
- The debts of the parents
- The total payments for court-ordered child support that the obligor must pay
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A child support order maybe changed through what is called a Cost of Living Adjustment, or COLA. The monthly support amount may also be changed if there are any arrearages.
Ever child support order that has been entered in Minnesota since 1983 must have a biennial COLA. Changes take place the first of May every other year after the support order was first entered. There may be cases in which modifications can take effect any time of year as long as it has been at least 2 years since the last adjustment was entered. The obligor is given 20 days notice before the COLA takes place. In order to avoid Modification of child support in Minnesota, the obligor must request a court hearing that states the obligor has had an insufficient increase in income. If the motion is filed in a timely manner, a stay will be placed on the COLA.
The state must notify parents of the right to request a review of cases every three years to see if modification is the right move to make. Modification of child support in Minnesota can be based upon:
- A substantial increase or decrease of the income of one of the parents
- A substantial increase or decrease of the child’s needs
- Receipt of public assistance
- Change of cost of living for either parent
- Significant medical expenses of the child
- A substantial increase or decrease in the cost of health care
- Increase or decrease of child care costs
- Emancipation of a child
The modified terms are considered unreasonable if the current order would be changed by 20%, ordered health care is not available, and deviation was granted because the child lived in a foreign country. Modifying child support is determined by the courts based on the guidelines of the state to ensure children receive fair support.