In 2007, the Minnesota legislature fundamentally revised the state’s child support rules.  Under the old system, child support was calculated based on a percentage of the noncustodial parent’s net income.  Using a formula developed by the legislature, the courts determined a parent’s net income for child support – an amount similar to but different then a person’s net income for tax purposes – and order the noncustodial parent to pay a percentage of that amount to the custodial parent.  The percentage varied depending upon the noncustodial parent’s income and the number of children involved.  For most people, the payment was somewhere between 25% and 39% of their take-home pay.

Noncustodial parents frequently criticized this approach.  They claimed that it failed to recognize the amount of money they spent on their children while they were in their care.  They claimed that the formula unfairly failed to require custodial parents to make a financial contribution towards their children’s support.  And they claimed that the courts should consider the financial circumstances of the custodial parents when setting a child support obligation – a child support obligation should not be the same regardless of whether the custodial parent is a millionaire or just barely surviving on food stamps. It is important to contact a Minneapolis Child Support Attorney about your case as soon as possible.

In light of these concerns (and many others), the Minnesota legislature devised a new way to calculate child support.  This new method is referred to an “income shares model.”  In many ways, it is exactly as it sounds.  Child support is calculated based on both parents’ gross income.  The amount to be paid is apportioned between the parties based on their share of the income and the amount of time they spend with the child.  Both parents are now deemed financially responsible for the child’s wellbeing.

Usually, when people think about child support, they think about the amount of money they receive each month or the amount of money that is taken out of their check every week.  But, in Minnesota, child support actually consists of three separate parts.  It’s worth taking a second to think about each part individually because sometimes these numbers can change.

The first part of child support is basic support.  It is what most people think of when they think of child support.  It is the amount of money that must be paid each month to provide for the day-to-day support of the child.  It is intended to cover things like food, shelter, clothing, and living expenses.

The second part of child support is medical support.  It ensures that children have access to appropriate medical insurance and dental insurance coverage.  The costs of any insurance premiums or out-of-pocket medical expenses (like co-pays, deductibles, and uninsured treatments) are divided between the parties in proportion to their income.

The third and final part of child support is child care support.  It recognizes that working parents of young children often incur substantial daycare costs, which if not separately accounted for, could easily total more than the basic support amount.  Like medical support, the child care costs are apportioned between the parties based on their share of the income.

Calculating Child Support

As indicated above, the gross monthly income of both parents is used when calculating the child support amount.  This combined gross monthly income is referred to as the “PICS” or Parental Income for Child Support.  It is used (along with the number of children) to determine the parents’ combined child support obligation.  This combined support obligation is then divided between the parents according to their percentage of the PICS.  For example, if parent “A” were to earn $6,000 per month and parent “B” were to earn $4,000 per month, the PICS would be $10,000.  Assuming a combined basic support obligation of $1,600 per month, parent “A” would be responsible for sixty percent (or $960) and parent “B” would be responsible for forty percent (or $640).  Medical support and child care support would be additional costs that would also need to be calculated.

It is important to understand, however, that this is an oversimplified example.  In the real world, child support calculations don’t work exactly this way.  Child support figures are adjusted based on the percentage of parenting time and various tax issues.  Every situation is different.  Please contact an attorney for more information.

Child Support Payments and Parenting Time

The new law also adjusts a noncustodial parent’s child support obligation based on the amount of parenting time they have with their children.  Parents who have parenting time between 10% and 45.1% of the time receive a standard twelve percent reduction in their child support obligation.  Parents who have parenting time between 45.1% and 50% of the time are treated as equals and child support is calculated using a different method.

Failure to Pay Child Support

Failing to pay a court-ordered child support obligation can have serious consequences.  Possible sanctions include things like fines, driver’s license suspension, and in extreme cases even jail.  But, while the law deals harshly with those who try to intentionally avoid their child support obligation, it also recognizes that in certain situations child support orders must be changed.  As the world changes (and people’s lives along with it), child support orders issued years ago sometimes become inappropriate.   People get promotions, lose their jobs, or decide go back to school.  In these situations, a child support order may be modified to ensure that it continues to serve the best interests of the child.

If you believe child support needs to be changed in your case, please contact a qualified Minnesota child support attorney to get the modifications and payments you deserve.  Don’t delay.  Minnesota law only allows child support orders to be modified prospectively – forward from date you bring your motion.  You cannot retroactively modify a child support order.

Contact our Minnesota Child Support Lawyers

Calculating child support is not something you have to do alone. You need an experienced lawyer on your side.  Regardless of your situation, we can help.  Stop by our office, located at 6800 France Avenue South, Suite 125, Edina, Minnesota, or call us at 952-345-8004, or fill out a contact form on the side of this page.

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Have questions? Feel free to contact Gadtke & Beyer, LLC today. We offer free consultations to all potential clients - call today at 952-345-8004.