Minnesota State Child Support Laws
- Parents in Minnesota, like those across the country, are required to financially support their children. If they divorce or separate, one or both parents may have to pay child support. Minnesota awards child support based on the parents' incomes and which parent has primary custody. There are three elements to child support in Minnesota: (1) basic support, (2) medical support and (3) child care support.
- Child support is paid to the parent who has custody of the child the majority of the time. In Minnesota, if parents share joint custody and have equal income, neither parent owes child support. If incomes are unequal, the parent with the higher income will be required to pay support.
- Child support is determined based on the parents' income and the number of children in need of support. Income includes wages, pension distributions and any other financial benefits, such as worker's compensation, Social Security, or unemployment or disability payments. The child support amount is adjusted based on the percentage of time each parent spends with the child.
- Basic child support is the money used to pay for food, clothing, shelter, transportation, education and other necessities. In Minnesota, medical expenses and child care costs are specifically separated from the cost of basic needs.
- Minnesota requires that at least one parent obtain health insurance coverage for the child if possible. Which parent must do this depends on each parent's ability to obtain insurance, the cost of the coverage and the child's needs. If the child is
receiving medical assistance, the parent with whom the child does not reside must pay a monthly amount toward the cost. Additionally, any out-of-pocket medical costs are divided, based on each parent's income and ability to pay. - If child care is needed because of either parent's work or school schedule, the costs are divided based on each parent's income.
- Cost-of-living adjustments to the court's child support order may be made every two years. Other modifications may be made every three years. Orders can be modified if: (1) a child becomes emancipated; (2) either parent's income has decreased or increased significantly; (3) child care costs have decreased or increased; (4) health care costs have decreased or increased; (5) a specific extraordinary medical expense for the child is owed; or (6) the needs of either parent have changed significantly.
- Minnesota discourages direct payment from one parent to the other, but it is permitted. Instead, the state prefers direct deposit. The paying parent submits a monthly payment to the Minnesota Child Support Payment Center. The Payment Center then transfers the funds to the receiving parent's checking or savings account.
- When a parent fails to pay child support, Minnesota has several enforcement mechanisms. To collect the back support, the state can withhold a percentage of the owing parent's income or put a lien on any property the parent owns. The state can also suspend the parent's driver's license, recreational license or occupational license. If support continues to go unpaid, criminal charges might be filed, resulting in fines or even jail time.