What is Child Support and When does it Occur in Minnesota?

In Minnesota, child support is a part of the legal proceedings in a divorce or legal separation. It is an award that provides and caters for the financial expenses incurred when raising a child. The proceedings and decisions concerning child support in Minnesota are guided by the Minnesota Statutes of Domestic Relations, Chapter 518A.26 to 518A.79.

The state judicial branch is tasked with the interpretation and application of these laws, specifically the district court’s family division. In child support and legal separation cases, every order given by the courts prioritizes the children’s best interests. The Minnesota Department of Human Services (DHS) oversees the state’s child support system.

Records that are considered public may be accessible from some third-party websites. These websites often make searching more straightforward, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party websites may vary.

What is Minnesota Child Support?

According to state laws, child support in Minnesota constitutes court-ordered payments used to financially support a child in the event of the parent’s divorce or separation. The state mandates that it is the non-bargainable rights of the children to be financially supported by both parents through child support payments. When the parents separate, in the legal proceedings leading to the divorce, the court ensures that child support is addressed. The parents are allowed to make their own agreements or follow the court’s order if they cannot establish an agreeable set amount for child support. Also, if a third party such as a grandparent has custody of a child, they may request that the court orders the parents to pay child support. If the child is born to unmarried parents, the custodial parent may also request child support from the other party through the court. However, before the court grants the order, paternity must be established.

What Does Child Support Cover in Minnesota?

Child support in Minnesota is divided into:

• Basic support
• Medical support
• Child care

The basic support is the monetary amount for the child’s primary care, and education. These costs are associated with necessities such as feeding, housing, clothing, and other basic needs. The medical support payments cover expenses relating to the child’s health and dental care. Finally, the child care support category addresses costs incurred for work or education-related care such as day care expenses.

Although it’s not necessary, child support payments could cover the expenses for the children’s extracurricular activities such as specific skill lessons, school trips, sports, etc. If this applies, the parents may allocate the specific payment in the divorce agreement.

What is the Average Child Support Payment in Minnesota?

Child support payments are determined based on the number of children in a family and the parents’ monthly gross income. As this is not a fixed figure or arbitrary number in every family, it is challenging to set an average child support payment in Minnesota. Instead, the payments are determined by the state’s child support guidelines and specific calculation methods that promote consistency. These guidelines are reviewed and set by the Minnesota Department of Human Services and state legislature after every four years.

Regardless, state law uses the “Income Shares” method to calculate child support payments. This method considers the following factors:

• Number of children in the family
• The gross income of the parties involved
• The parenting time awarded to each parent
• The cost of raising a child at varying income levels.

These details are put into the child support calculator, which then generates an obligation amount. The resulting figure is the child support payment required of the paying parent monthly. Occasionally, the state courts may deviate from this obligation amount when the children involved have special or unique needs, or a considerable disparity exists between the parents’ incomes, debts, assets, or properties.

How Do I Apply for Child Support in Minnesota?

The state’s child support program establishes a financial partnership for parents and caregivers. This is to ensure that the children can get the required financial, medical, and child care support. Before applying for child support in Minnesota, it is advisable that the parent is eligible and acquainted with the available services options. These options will determine what application to download, print and sign. They include:

• Full services which help parents establish paternity or parentage, obtain, adjust and enforce a child support order, collect child support payments, locating parents, etc.
• The income withholding only services help parents process, track and distribute child support payments.

Typically, parents can apply for these services through the Child Support Enforcement Division (CSED), a branch of the Minnesota Department of Human Services. They are required to pay a $25 non-refundable fee.

How Do I Get Out of Paying Child Support in Minnesota?

Minnesota law forbids parents to waive child support. Therefore, when a parent obligated to pay child support cannot fulfill the obligation due to changes in circumstances such as financial problems, the individual must petition the court to adjust the existing agreement. The parent may contact the county child support worker to ask about the possibility of altering the child support order and setting up a reasonable payment agreement.

To modify an existing child support order, a parent must file a Stipulation (agreement) or a Motion to Modify Support. The parties must agree to the adjustments and sign a written agreement. This will also be filed with the motion. Because the judge or magistrate will review this stipulation, the parents must include explanations of how the change is in the children’s best interests. A court hearing might be required to discuss the terms of the stipulation order. If the judge agrees with the terms stated in the stipulation and appends a signature, it becomes the new child support order.

Also, a parent may get out of paying child support when the child is emancipated. According to Minnesota Statute (518.54 Subsection 2), child support is legally and automatically terminated when the child turns 18. The payment obligation may extend until age 20 if the child is in high school or has a disability.

What is Back Child Support in Minnesota?

Back child support or child support arrears in Minnesota occurs when a paying parent has not fulfilled the obligations stated in the child support court order and agreement. It is the amount of child support unpaid payment owed to the custodial parent or caregiver after the court has entered a child support order. The parents of children in a divorce or separation case are obligated to uphold the terms stated in the order because failure to do so may result in the paying parent receiving harsh penalties.

How do I Get Back Child Support Paid in Minnesota?

According to Minnesota law, a missed child support payment becomes a “judgment” on or after the due date. Therefore, enforcing child support payments is the primary way of getting back child support paid in Minnesota. If a non-custodial parent fails to pay child support, the individual will be subject to Minnesota Child Support Enforcement Measures of collecting regular and back child support payments.

These include:

• Seizure of income and assets held in financial institutions
• Being reported to the credit bureau agencies by the child report office if the individual owes at least three months of child support
• Driver’s and professional license suspension
• Denial of passport applications if the defaulting parent owes more than $2500
• The custodial parent filing a lawsuit against the non-custodial parent to enforce the child support order.

The agency responsible for enforcing these measures is the Child Support Enforcement Division of the Minnesota Department of Human Services. They provide child support enforcement services for free because the state and federal governments fund them.

Additionally, if the defaulting parent lives in another state, the Uniform Interstate Family Support Act (UIFSA) provides interstate and international support enforcement procedures.

Is there a Minnesota Statute of Limitation on Child Support?

Generally, a statute of limitations forbids parties in a child support case to take legal action after a specified number of years. In Minnesota, enforcement actions such as income and assets seizure, credit bureau reporting, license suspension, and contempt proceedings do not have a statute of limitations. However, a judgment for child support arrears issued by a court in Minnesota has a statute of limitations of 10 years until the payment is made in full.