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Child
support guidelines in Minnesota focus on the gross income of both
parents. After certain adjustments to the gross income each, a parental
income for child support figure is arrived at (PICS) which is utilized
to assist in establishing child support based upon the respective gross
incomes of each party. Consideration is also given to the amount of
time a parent spends with the children. Broad definition is given to
what income entails, which can include wages, interest earnings,
unemployment benefits, and other periodic forms of payment.
Child support is an award which is to be utilized for
current expenses with regard to a child's upbringing. Payment is
made to a party to whom physical custody has been awarded by court
order. In the event of a joint physical custody arrangement, if
both parents are exercising approximately equal caretaking of the
children, there will be a setoff of child support to be paid by one
parent to the other based upon the respective incomes of each.
In addition to cash child support, other specific
financial considerations to be addressed under Minnesota law include
contribution to daycare expenses as well as contribution to expenses
related to premiums paid for medical and dental coverage's for the
child and allocation of uncovered costs. The child support guidelines
provide for a percentage contribution to these expenses consistent with
the relative gross incomes of the parties as calculated for basic child
support purposes.
Child support is subject to future
modification. The burden is on the party seeking modification to
demonstrate that there has been a significant change in financial
circumstance since the last order which makes the current order unfair
or unreasonable. Generally, the Court must first make a finding
that under the present circumstances there would be an increase or
decrease of twenty percent (20%) of the current support being paid (and
at least $50) before the Court should presumptively consider
modification. Additionally, modification may occur if there is a change
in the number of children for whom child support is being paid.
It is common that child support orders are enforced
through income withholding through the State of Minnesota. The
parties may waive income withholding should they choose to do so.
Income withholding will result in an automatic deduction from the
obligor's paycheck toward payment of the child support obligation. |