Child Support
Child support is the money one parent, known as the obligor, pays to the other parent, or obligee, to financially support their children. The amount of child support an obligor must pay in Minnesota is based upon each party’s financial situation and the parenting time schedule. It may be possible to modify a prior child support order if one of the party’s financial situation has changed “substantially” since the last child support order was issued.
The phrase “child support” is comprised of four separate financial responsibilities for children that Minnesota law requires be calculated:
Ongoing monthly financial support one parent pays the other;
The amount of money the parents must pay each month for the children’s medical and dental insurance;
The amount of money the parents must pay each month for the children’s day care; and
The amount of money the parents must pay for the children’s unreimbursed health and medical expenses for the children, such as braces or glasses.
COMMON QUESTIONS ABOUT CHILD SUPPORT
How much is child support in Minnesota?
The amount of child support a parent is legally required to pay varies. It depends on each parent’s gross monthly income, or the income they receive before any taxes or deductions occur. The monthly cost of daycare and medical and dental insurance, if any, for the children comes into play, too. The other factor is the number of court-ordered overnights each parent has with their children. The income of another spouse or significant other is irrelevant. Each parent’s monthly expenses are usually irrelevant.
Some parents reach an agreement on their own with how much child support is going to be paid without involving a judge or filling out court paperwork, which is legally allowed. A judge otherwise will be the one to calculate child support after a court hearing and testimony is taken from each party about their employment and financial situation.
How is child support calculated?
The Minnesota Department of Health created an online calculator to calculate child support at https://childsupportcalculator.dhs.state.mn.us/. It may be difficult to run an accurate calculation because you may not know the other parent’s gross monthly income or what they pay for the children’s medical and dental insurance or daycare. There likely is no court order specifying the number of court-ordered overnights each parent has with the children. Even if you do not have all this information, a parent can still input information to get a sense of what child support could look like if it is court ordered.
How to file for child support?
Applying for child support is done in one of three ways. The easiest and quickest way to file for child support is online by completing an online application at https://edocs.mn.gov/forms/DHS-1958-ENG. If applying online is not an option, a parent can print off the child support application at https://edocs.dhs.state.mn.us/lfserver/public/DHS-1958-ENG and mail it to the local child support office. A hard copy of the child support application can be obtained through the US mail by calling the local child support office.
If there is already a child support order but the other parent is not paying it for whatever reason, a parent can apply for income withholding services through the child support office to collect the money through automatic withholding, a garnishment type process. The application for withholding services is here – https://mn.gov/dhs/people-we-serve/children-and-families/services/child-support/programs-services/income-withholding-only-services.jsp.
Is child support taxable?
No. The parent receiving child support does not pay taxes on the child support received, and the parent paying child support does not get a tax break on the child support paid. Child support is a non-taxable event.
Is child support guaranteed to the parent who has custody of the child and makes more money than the other parent?
The legal and physical custody labels have no impact on child support. But the number of court-ordered overnights that parents each has with their children does. If the parents share an equal parenting time schedule and their incomes are equal or close to it, a judge can order child support set at $0 unless the judge finds the children’s expenses are not shared equally. In all other situations, using the online child support calculator is a useful tool to run a child support calculation to see what the law says needs to be paid for the children’s financial needs. The online calculator is found at https://childsupportcalculator.dhs.state.mn.us/.