Child Support

Posts Tagged ‘Child Support’

How can I change my child support obligation in Minnesota?

Monday, June 7th, 2010

More often than not, once child support is set in a case it will be modified at some point in the future. This can be for a number of reasons. The most straightforward, however, are that either parent has had a substantial change in income; that there is a substantially increased or decreased need of either parent; that a parent is receiving public assistance; a change of either parents’ cost of living; extraordinary medical and/or dental expenses of the children; a change in the availability of appropriate health care coverage or a substantial change in the cost of existing health care coverage for the children; addition of work-related or education-related child care expenses or a substantial increase or decrease in existing work-related or education-related child care expenses of either parent; receipt of social security benefits by either parent or the children; a change in the residence of the children; or the emancipation of a child.

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.

Tags: Child Support, Modification
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Can child support arrears affect my ability to get a passport?

Monday, May 24th, 2010

When child support is collected through the county child support office, there are more enforcement remedies available than when child support is collected by the parent to whom it is owed. One of those remedies involves the obligor’s, or person who has to pay support, ability to get or renew a passport.

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.

Tags: Arrears, Child Support, Enforcement
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Calculating child support in third party custody cases

Monday, May 3rd, 2010

It is becoming increasingly common for parties other than a child’s biological parents to take over caring for a child on a regular basis. The legal process to change custody is through a third party custody action. In order to file this, you must have a connection to the child (either as a de facto custodian or an interested third party). The court will determine if you have a valid claim, and if it is in the child’s best interests to be in your care rather than the biological parents.

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.

Tags: Child Support, Third Party Custody
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Changes to basic child support awards

Monday, April 26th, 2010

If you have a child support order that is enforced through the state agency, there may be an automatic adjustment filed on your behalf for the cost of living. If this is done, notice is sent to the person ordered to pay child support stating that they have a certain amount of time to object to the COLA or it will automatically go into effect.

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.

Tags: Child Support, Modification of child support
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How is child support calculated in Minnesota?

Monday, April 12th, 2010

In the state of Minnesota, child support is determined based on both parents’ income and the amount of parenting time each parent is awarded. Custody labels such as “joint physical custody” or “sole physical custody” do not carry the weight that they once did. If the court is looking to determine the custodial arrangement for child support, they only look at the percentage of parenting time each party exercises or was awarded in a prior court order.

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.

Tags: Child Support, Custody, Parenting Time
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Child support: how is it calculated in Minnesota?

Monday, February 22nd, 2010

In the state of Minnesota, the way child support is calculated underwent a major change in 2007. Child support is now calculated by a strict formula, taking into account each parent’s gross monthly income and the amount of parenting time that is exercised by the non-custodial parent. The parenting time is divided into three ranges, and an adjustment is applied to the base child support award based on the parenting time the parent has been awarded by a court: 0-10%, 10-45%, and 45-50%.

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.

Tags: Child Support, Custody, Parenting Time
Posted in Child Custody, Child Support | No Comments »

ICMCs and the Early Neutral Evaluation Process

Tuesday, October 6th, 2009

In Hennepin County and Ramsey County, the family courts have adjusted to make the process more amicable for cases. Instead of filing a case and having nothing happen for some time, the courts have been automatically setting an initial hearing roughly 3-4 weeks after the time when the case was filed. This hearing, called the Initial Case Management Conference or ICMC for short, allows the parties to meet the judicial officer in charge of their case. It also gives the court the opportunity to assess the issues early on and determine what the best way to handle the case would be.

The ICMC is usually a very informal hearing. Often at ICMCs, the court will order the parties to attend a mediation or early neutral evaluation. This gives the parties the opportunity to work together to try to work out their problems before going further in the court process and becoming more divided. Without using any alternative to court, the parties often become more hostile and set in their ways, and settlement becomes more and more difficult. The courts do not really want to decide such personal issues for people, and the result is often easier for everyone to follow if the parties come to an agreement on any issues without a judge’s help.

Of course, not all cases are suited for resolving through mediation or early neutral evaluation. For example, when domestic violence is an issue, it may be necessary to have the court’s involvement throughout the process. ICMCs allow the court to discover that early on and possibly move up any trial dates so that parties can move on with their lives.

More and more counties are recognizing the benefits of earlier involvement in family law cases. Early neutral evaluation is being integrated into many court systems across the state, and the results have been successful.

Tags: Child Support, Custody, Divorce, Hearing, ICMC, Initial Case Management Conference, Paternity
Posted in Alimony, Child Custody, Child Support, Collaborative Divorce, Contested Divorce, Divorce Mediation, Domestic Abuse, No Fault Divorce, Paternity, Property Division | No Comments »

Minnesota Third Party Custody

Monday, September 28th, 2009

Third Parties, grandparents and other relatives often become the primary care-providers and role models for children in situations where the biological parents are missing or unfit due to negligence, drug use, alcoholism, abuse or financial inability to care for the child.

Minnesota Statutes § 257C.03 governs the procedure for petitioning for child custody as an interested third party or de facto custodian. Whether a Petitioner (a person requesting or petitioning the court for custody) is classified as a third party custodian or a de facto custodian depends generally on the amount of time the child has been with the Petitioner and the nature of their contacts. However, for both classes of Petitioners, the procedure is generally the same.

Who is a De Facto Custodian?

“De facto custodian” means an individual who has been the primary caretaker for a child who has, within the 24 months immediately preceding the filing of the petition, resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of:

(1) six months or more, which need not be consecutive, if the child is under three years of age; or

(2) one year or more, which need not be consecutive, if the child is three years of age or older.

Who is an interested third party?

An interested third party can be a grandparent, aunt, uncle or other family member or person who can show that the parent has abandoned, neglected, or otherwise exhibited disregard for the child’s well-being to the extent that the child will be harmed by living with the parent and that placement of the child with the individual takes priority over preserving the day-to-day parent-child relationship because of the presence of physical or emotional danger to the child, or both.

Minnesota Third-Party Custody Law requires a two-step process in which the Petitioner who satisfies certain statutory requirements would be entitled to an evidentiary hearing to prove their case. The area of third-party custody is a highly technical area of law, requiring that the pleadings be skillfully written and carefully follow the statute.

If the Petitioners fail to establish in their Petition that they are the de facto custodians of the child or that the placement of the child with the Petitioners is not in the child’s best interest, the Petition may be dismissed.

If you are caring for a child for whom you are not the biological parent, it’s important to file a motion for custody while the child is still living with you. Even though the child may be living with you, you do not have any legal right to make decisions for the child or perhaps even to seek medical care on behalf of the child until the Court specifically Orders it. If the biological parents take the child before you file the motion, custody is broken and it limits the consistent amount of care you provide to the child.

Tags: Child Custody, Child Support, Grandparent rights, Third Party Custody
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Preserving Your Rights When Your Ex Files For Bankruptcy

Monday, September 21st, 2009

In the current economy, many people have been faced with the reality of bankruptcy. Often, people spent more than they had and are left holding the bill. The bankruptcy process exists to give individuals a fresh start, but what happens when your ex has an ongoing obligation to you?

The bankruptcy court recognizes that some people might try to get rid of their obligations to former spouses, either in the form of spousal maintenance or child support, by filing for bankruptcy. The support owed may have accrued so that there are significant arrears, or the ex may feel that they would rather the future obligation disappear. The court does not allow this to happen.

Any obligation stemming from a “domestic support obligation”, including child support and alimony or spousal maintenance, is not dischargeable in bankruptcy. Moreover, while all other debts of a person who files for bankruptcy are put on hold during the proceedings, a support obligation is not. That means that you will still continue to get your monthly payments even as your ex goes through the entire bankruptcy process.

It is easy to understand the court’s basis for this special treatment. Often, the last place a person wants to spend their money is giving it to their ex. This is true for child support as well, since the obligor has to send a portion of their paycheck each month to the custodial parent. If the bankruptcy court did not allow special treatment for domestic support obligations, then there would be a large increase in filings for this very reason.

If your ex is threatening bankruptcy, or is in the process and has stopped paying you your support, then you have the right to bring him or her back to court to enforce your support order. It is always beneficial to speak with an attorney about your rights and see what steps you should take to protect yourself.

Tags: Alimony, Bankruptcy, Child Support, Debt, Dischargeable, Domestic Support Obligation, Spousal Maintenance
Posted in Alimony, Child Support | No Comments »

Finding Out You Are Not the Father After Paternity Has Been Established: What Do You Do?

Wednesday, September 16th, 2009

In paternity matters, it does come up every so often that a man is told he is the father, has no reason to doubt it, and enters into an arrangement to take care of his responsibilities as a parent. Later down the road, he finds out that the child is not in fact his and he is left with often large amounts of child support, already paid or turned into a judgment against him, with no child to show for it. What happens then?

The courts in Minnesota recognize that this kind of situation does happen, and it is not fair to the man who was trying to do the right thing to be punished financially for it. The Minnesota statutes allow for a man in this situation to go back to the court within 6 months of receiving the results of any genetic tests and have the court find that there is no parent-child relationship. This action may not completely release a man from any obligations, however.

The statute sets out “presumptions” for paternity, or situations where the circumstances make it in the best interests of a child for that man to be considered the father, whether he actually is the biological father or not. One of the presumptions is if the man has held the child out as his own, meaning that he has been acting in the role as the child’s father for the rest of the world to see. If a man has been doing this, it may not be possible to overcome just with genetic testing. It is in the best interests of a child that they have someone in the role as a father, and if a child has known that man as their father, the court will not allow the man to walk away at that time.

The better route to go in this situation is vacating the judgment of paternity to start with. The court is able to say that the judgment is unfair based on the circumstances, which should in effect erase any arrears due in support. There is no consideration of the “best interests of the child” which normally would leave him obligated for support. The court is also able to grant restitution if it finds that it would be proper, which means that any paid child support would be returned to the father.

Tags: Best interests of the child, Biological father, Child Support, Father, Paternity, Presumption, Restitution
Posted in Child Support, Paternity | No Comments »