Child Support

An important aspect of our practice is assuring that a fair and appropriate amount of child support is provided for your child. Child support is a court ordered obligation from one parent (or both) to the other, to help defray the costs of raising your child. Child support will help pay a share of the costs of housing for your child, food, clothing, schooling, extracurricular costs, entertainment and travel. Additional funds are also provided to assist with costs of daycare and health insurance costs. Child support is calculated based upon what are known as Child Support Guidelines.

It is important to have experienced counsel to help negotiate the intricacies and nuances of calculating income, appropriate adjustments to income, framing arguments for or against requests to deviate from the child support guidelines. Especially in light of changes to the law which went into effect on January 1, 2007, it is important to have strong and knowledgeable counsel in your corner to protect your children’s rights as well as your own.

Pre-January 1, 2007 Child Support Guidelines

In Minnesota, child support is initially determined using a guideline formula. The basic formula was determined by the Minnesota Legislature. For cases that were filed and decided prior to January 1, 2007, the formula is based upon a percentage of the obligor’s (person paying child support) net monthly income (gross income less taxes and other allowed deductions) and is summarized in Minnesota Statutes at chapter 518.551. The percentage increases based upon how many children are being supported. Typically, an obligor paying child support will pay 25% of their net income for the support of one child; 30% for the support of two children, 35% for the support of three children, 39% for the support of four children, with the guideline chart continuing up to six children. The statute also makes provisions for families with more than six children.

Under this formula, unless the court deviates from the guidelines, the obligor’s obligation is capped at an upper level of net income, which most recently was set at $7,620 by the Minnesota Supreme Court. In other words, if the obligor earned less than $7,620 per month in net income, his/hers child support would be a percentage of that net income based upon how many children are being supported. If the obligor earns more than $7,620 per month, absent deviation from the guidelines, the obligor’s support would be no more than a percentage of $7,620 per month, based upon how many children are being supported.

Post-January 1, 2007 New Income Sharing Guidelines

The Minnesota Legislature recently has enacted a substantial change in the manner in which child support is calculated. For all cases filed after January 1, 2007, child support is based on a new “income sharing” model, under which a new guideline formula has been enacted which calculates child support based upon a comparison of both parties' gross monthly incomes (before deductions for taxes and other allowances) as well as how much time the children spend with each parent. The new guidelines are summarized in Minnesota Statutes at chapter 518A.35. Whereas the guideline cap under the old guideline formula was $7,620 net per month, the new guideline cap is the combined gross incomes of both parties of $15,000 gross per month. The new guidelines still calculate support as a percentage based upon how many children are being supported.

Whereas under the old child support guidelines it was a fairly straightforward mathematical calculation to determine guideline support once net income was determined, the new child support guidelines require multiple calculations on a child support calculator form. The Minnesota Department of Human Services has constructed a computerized Minnesota Child Support Guidelines Calculator to assist in determining guideline child support under the new guidelines. The calculator may be found by clicking here.

The new child support guidelines are not retroactive – which means that if you are paying child support under the old guidelines, your support is not immediately subject to recalculation under the new guidelines. After January 1, 2008, for those qualifying for “modification” of child support, the new level of child support will be based upon the new child support guidelines.

Deviation from the Guidelines

Although the legislature has established guidelines for child support, the court may deviate above or below the guidelines depending upon the facts of your case. If the obligor or the parties have substantial income above the guideline caps, and the children are accustomed to a higher standard of living, such as the ability to attend private schools, the court may deviate above the guidelines, and provide for additional child support or make provisions for the payment of the child/children’s private school tuition, extracurricular costs, or other expenses based upon the standard of living the children would have enjoyed if the parents were still living together. The court may also deviate based upon any extraordinary needs or disabilities the child/children may have.

Conversely, if an obligor lacks the resources to pay their own expenses after paying guideline child support, the obligor may seek a downward deviation from the child support guidelines.

Reduction in Child Support based upon Percentage of Parenting Time

Under the old guideline formula, the Minnesota Appellate Courts rendered several opinions which provided for an offset of child support in situations where the parties shared custody. This formula, based on the percentage of time each parent cared for the children, was known as the Valento or the Hortis/Valento formula.

Under the new child support guidelines, a formula is built into the guideline calculator which adjusts child support based upon three threshold levels of parenting time. Whether the obligor has the children less than 10% of the time; between 10% and 45% of the time; or, between 45.01% and 50% of the time.

Additional Contribution for Child Care and Health Insurance Costs

Under the pre-January 1, 2007, guidelines, a separate formula established the obligor’s contribution to daycare costs, which was in addition to guideline child support. The post-January 1, 2007, child support calculator makes that calculation for the parties, based upon the cost of daycare and the percentage of time the child is with each party.