Minnesota's New Child Support Guidelines
On January 1, 2007, Minnesota's child support guidelines changed to an income-share arrangement. At Dwire Law Offices in Lakeville, Minnesota, divorce attorney Todd Dwire offers a free initial consultation to discuss the change and how it may affect you.
Under the old law, the noncustodial parent was required to pay a set amount of child support regardless of the amount of parenting time he or she was awarded and regardless of the income of the custodial parent. Today, child support considers the incomes (and income potential) of both parents, as well as the parenting time schedule, day care costs and health insurance premium for children. After each parent's child support responsibility is netted out, one party may be responsible to pay the other child support.
Parenting Time and Child Support
Today, child custody labels − such as sole custody vs. joint physical − have no bearing on how child support is calculated. Instead, the new guidelines only consider the percentage of time you spend with your child. There are three categories:
- Less than 10 percent of parenting time
- 10 to 45 percent of parenting time
- 45 percent or more of parenting time
Child Support Modifications
You may also be entitled to a modification of child support if you have a child support order that was entered under the old law. You may also be entitled to a modification if you lose your job, become ill, or if there is a significant change in the income or expenses of you or your ex.
To qualify for a child support modification, you would have to show a substantial change in circumstances. The threshold applied by the court is a change that would result in at least a 20 percent and a $75 a month difference in what is being paid now and what would be paid after the recalculation.
While an informal agreement between you and your ex-spouse may seem less onerous than a court-ordered modification, it exposes you to certain risks. For example you may be accruing child support arrearages without even realizing it. Even though you may have a good relationship with your ex now, if the relationship begins to deteriorate, he or she can enter an enforcement motion against you. To protect our clients, divorce lawyer Todd Dwire enters modification motions as soon as a change in circumstances requires them.
Free Lawyer Consultation
To discuss your child support case with Lakeville divorce attorney Todd Dwire, call 952-232-0179 or fill out the contact form on this site.
