Child Support Basics

PREFACE

This booklet provides basic information about how child support is set, collected and changed. It has information on the new Minnesota child support guidelines called "Income Shares." Remember, this booklet is a guide and is not meant to answer all questions. The information may or may not apply to your situation. The laws talked about in this booklet change often, so check for changes. Visit  www.LawHelpMN.org for more information about child support.

If you have a low income you can get a copy of this booklet or others from your legal services office. Others can purchase the booklet for $7.00 plus applicable Minnesota sales tax from the Minnesota Legal Services Coalition, 2324 University Avenue West, Suite 101B, St. Paul, MN 55114. Discounts are available on bulk orders by calling the Coalition office at (651) 228-9105, ext. 111. 

Fact Sheets on different legal subjects are also available online at the website listed above or from the Community Legal Education Program at the Legal Aid Society of Minneapolis. Please call (651) 228-9105, ext. 115 for a list.

Copyright 2007 by Minnesota Legal Services

Table of Contents Page

GLOSSARY
CHILD SUPPORT BASICS
The Monthly Child Support Payment
What is Income Shares?
How is the Amount for Basic Support Figured Out?
Joint Custody
Financial Affidavit
Self-Support Reserve
6 Month Review
What if a Parent Does Not Have Any Income?
What if a Parent Has Other Children?
Child Support Includes Help with Child Care Costs
Child Support Includes Medical Support

ESTABLISHING CHILD SUPPORT
County Child Support Services
Child Support Time Limits
Child Support Expedited Process
Child Support and Public Assistance
Child Support and Paternity Establishment
Getting Child Support When the Other Parent
Lives in Another State
Income Withholding

CHANGING AN EXISTING CHILD SUPPORT ORDER
The Automatic Cost of Living Increase
Modifying a Child Support Order
When Does Child Support End?

ENFORCING A CHILD SUPPORT ORDER
County Child Support Offices
Court Administrator's Offices
Legal Services Offices

Table of Citations

NOTE: The laws for child support have terms and meanings you need to know. If you see a new term or one you do not understand, look for it in this glossary.

GLOSSARY - Terms and Definitions

Basic Support	The amount paid for a child's basic expenses. Basic expenses are things like, food, clothing, housing and other costs that have to do with the child's care. The court sets this amount by using the child support guidelines.
Child Care Support	The amount ordered by the court to help pay for work or education related child care costs
Child Support	The money paid to help raise a child. It is a combination of basic support, medical support and child care support.
Custodial Parent	The parent or person that a child lives with. Sometimes called "obligee" in child support cases.
Federal Poverty Guidelines	A chart showing the level of poverty for different income levels and household sizes. The federal poverty guidelines are used to determine the child support "self-support reserve."
Gross Income	Gross income for setting child support is different than gross income for tax purposes. For child support it takes your "Monthly Income Received," plus social security or veteran's benefit paid to a child because of a parent's disability, plus potential income, minus spousal maintenance or child support ordered to be paid.
Income Available for Support	The amount of gross income above the "self-support reserve."
Joint Child	The child of both parents in the support proceeding.
Legal Custody	Sole legal custody means only one parent has the right to make decisions about the child. Joint legal custody means both parents make decisions together.
Medical Support	Medical support is the amount of support ordered by the court to help pay for medical insurance premiums, a contribution toward MinnesotaCare or Medical Assistance, or costs not covered, including payments owed.
Minimum Basic Support Order	The minimum amount of basic support a parent will be ordered to pay, unless the court finds that they cannot earn any income. The minimum order amounts are $50 for 1 or 2 children; $75 for 3 or 4 children; and $100 for 5 or more children.
Monthly Income Received	Any form of regular payments, like wages and salaries. It can also be income from self-employment, worker's compensation,  unemployment, some pension and disability payments (such as RSDI or veteran's pension or disability retirement payments), retirement benefits, and spousal maintenance. Monthly income received may also include "potential income" if a parent works less than 40 hours per week. Monthly income received does not include public assistance benefits (like MFIP payments). It is calculated before any pre-tax deductions.
Non Custodial Parent	The parent that the child does not mainly live with. Also called the "obligor" in child support cases.
Nonjoint Child	The child of one, but not both parents in the support proceeding. For example, a child from a different relationship. There are 2 ways that nonjoint children affect child support. (1) A nonjoint child mainly lives with the parent involved in the support case and that parent is legally obligated to support the child. Then a deduction is given from gross income to calculate child support in the new case. (2) A nonjoint child who does not mainly live with the parent in the support case, but the parent is ordered to pay child support for that nonpoint child. Then the amount of that child support order is deducted from the parent's monthly income for support to calculate child support in the new case.
Obligee	A person who gets child support or spousal maintenance.
Obligor	A person who pays child support or spousal maintenance.
Parental Income for Determining Child Support (PICS)	A parent's gross income minus any deductions for nonjoint children. This number is used to figure out the amount of basic support, child care support, and medical support.
Parenting Time	The time a parent spends with a child. It does not matter who has custody. Parenting time is also called visitation.
Parenting Expense Adjustment	The amount of money that the parent without primary physical custody can subtract from the basic support they pay. It looks at money spent during parenting time. For setting child support parenting time has to do with the number of overnights a child spends with the parent, unless the court decides something different.
Physical Custody	Sole physical custody (or Primary physical custody) means that one parent provides the primary home for a child and is responsible for most of the day-to-day decisions about the child. Joint physical custody means that the child lives with both parents.
Potential Income	If a parent works part-time but is able to work full-time, the court can calculate what they could make if they worked more. This is called potential income and can count as income in setting child support.
Self-Support Reserve	The amount of income that is reserved for an obligor's living costs each month. This means that the amount of child support will not leave an obligor with less than this amount to live on, unless a minimum order applies. The self-support reserve is 120% of the federal poverty guideline for one person, which is $1,021 for 2007.
Social Security and Veteran's Benefits	If a parent is retired or disabled and getting Social Security or Veteran's benefits (other than SSI), the amount of the parent's benefit is part of his or her income. If there is a benefit payment to the child because of the parent's disability or retirement, the amount paid to the child is added into the retired or disabled parent's child support column, and later deducted from child support.
Spousal Maintenance	The money a person is ordered to pay to a spouse in a divorce case. Also called "alimony."

CHILD SUPPORT BASICS

What is child support?

"Child support" is the money that a parent pays to help support a child that does not live with them. The child might live with the other parent, or might live with someone else. Every child has a right to be supported by both parents.

In child support proceedings, the parent or person the child lives with is called the "custodial parent" or "obligee." The "non-custodial" parent or "obligor" is the parent that the child does not primarily (mainly) live with. The non-custodial parent supports the child by paying a certain amount of money to the  custodial parent every month. Child support can also include payments for part of childcare and medical insurance and medical costs not covered by insurance.

How do I get child support?

A parent, a custodian or the county must bring some type of legal action to get an order for child support. A Judge or Magistrate can order child support in a

• divorce
• paternity action
• domestic abuse proceeding
• child custody action

There can also be an action for just child support.

Most people need the help of an attorney or the local child support agency to start the legal action to get a child support order. Your local child support office can help you get a child support order, using the Child Support Expedited Process starting on page 19. You can also find self-help services through the courts. For an online listing of self-help legal services by court district, go to the state courts website at http://www.courts.state.mn.us/selfhelp/?page=251.

Do I have to be the child's parent to get child support?

No. You do not have to be a child's parent to get child support. If a child lives with you and depends on you for support, you may be able to get child support from either or both parents.

For example, grandparents raising their grandchildren may get child support from the parents. This booklet talks mostly about parents' rights to support, because parents are usually the people paying and getting child support, but the information in this booklet can be used by grandparents and other people caring for children.

THE MONTHLY CHILD SUPPORT PAYMENT

Minnesota uses guidelines to help set the amount of child support. The guidelines look at things like how many children are being supported and gross monthly income. Gross income is your total income before taxes are taken out. In January of 2007, Minnesota started using a new law that has new guidelines for setting child support. It is called "income shares." "Income shares" means that the gross income of both parents count in setting child support.

Child support is usually set at the guideline amount. But a Judge or Magistrate can set child support above or below the guideline amount if there are special circumstances. For example, child support may be set above the guidelines if the child has special health or education needs. It may be set below the guidelines if paying the set amount of child support would be too hard for the person paying child support.

You can use the online child support calculator created by the Department of Human Services at http://childsupportcalculator.dhs.state.mn.us/, to help figure it out. You can also bring the worksheets from the calculator to the hearing.

What is "income shares?"

"Income shares" is the new law used to figure out child support amounts. It looks at the gross income of both parents and sets support based upon each parent's proportion of income. Gross income for child support includes more than just a parent's wages or earnings. Things like other children living in the home, other child support or spousal maintenance orders and potential income are also looked at when figuring out gross income.

What are the different kinds of custody and how do they affect child support?

There are two kinds of custody in Minnesota. Legal custody is the right to make decisions concerning the children. A court can award sole legal custody to one parent, meaning only that parent has the right to make decisions. Usually, the Court will order joint legal custody, meaning that both parents make the decisions together. Legal custody does not affect child support in any way. The amount of child support ordered will be the same, whether the parties have joint legal custody or one parent has sole legal custody.

Physical custody is the right to have the child live with you. Usually, one parent has sole physical custody and the other parent has visitation, which is called "parenting time."

In some cases, Courts will award joint physical custody. This means that the child lives some of the time with each parent. Joint physical custody is usually given when the parents live near each other and get along very well and the Judge or Magistrate is convinced that it is in the child's best interests. In these cases, the Judge or Magistrate figures out the basic support amount using a slightly different formula. Child care and medical support are ordered just like other cases.

How Is The Amount For Basic Support Figured Out?

Basic support looks at both parent's gross income from all sources. This is income before any pre-tax deductions like a pension plan. Income may include potential (imputed) income if a parent works less than full-time but could be working full-time. If a parent gets spousal maintenance (alimony) or benefits because of a disability or retirement (other than SSI) that is also included as income for child support.

If a parent is paying spousal maintenance in a different case- or ordered to pay it in this one- the amount of support is deducted from the income. If the parent is paying child support in another case, that amount is deducted. There may also be deductions for nonjoint children living in a parent's home.

Each parent's share of the combined income is calculated. The parents' combined incomes are applied to the guidelines chart, and together with the number of joint children they have, a number is taken from the chart. That number is divided by each parent's percentage of combined income.

For the parent without primary physical custody of the children, there may be a deduction for costs that come up during parenting time. This is called the "parenting expense adjustment." The amount of the deduction depends on how much parenting time the court orders. For example:

• If the court sets parenting time less than 10% of the time, there is no deduction.
• If the court sets parenting time between 10% and 45%, there is a 12% deduction.

If the court orders parenting time of 45.1% or more, that is equal custody, and a different formula is used.

Is Basic Support Figured Out the Same Way When Both Parents Have Joint Physical Custody?

Under the new law, an order for "joint physical custody" does not by itself affect the amount of child support. Now the amount is based on the number of overnights that each parent has with the child. If each parent has at least 45.1% of overnights with the child, or other significant time that the court determines, the court will use another formula instead of the parenting expense adjustment.

Figuring out basic support is the same as talked about in the section above - by figuring out each parent's share of their combined incomes. But, with joint physical custody the number from the guidelines chart is multiplied by .75. That number is then multiplied by each parent's percentage of income (PICS percentage). The lower number is subtracted from the higher. What is left is the amount of basic support paid.

Financial Affidavit

The new law requires each parent to file a financial affidavit when they file papers with the court. This applies if the court is figuring out child support for the first time or changing an existing order. The affidavit was created by DHS and is available on their website at http://edocs.dhs.state.mn.us/lfserver/Legacy/DHS-4912-ENG. There are several documents that each parent must file with the form, including pay stubs and tax returns. If you do not file the affidavit and attachments, it is possible that the court will not allow you to testify about your own income, but the court may let the other parent or the county testify about your income. See page 32 for more details on serving the other parent and the county and filing the financial affidavit with the court.

Self-Support Reserve

After basic support, child care support and medical support are calculated, they are added together. Then the court subtracts the self-support reserve, which is 120% of the federal poverty guideline for one person, from the obligor's gross income for child support. The self-support reserve for 2007 is $1,021. If the amount of income above the reserve is less than the guidelines amount for basic support, child care support and medical support combined, the obligations are adjusted so that the total child  support isn't more than the amount of income over the self-support reserve. If a person's income is below the reserve after adjustments, then a person will only have a minimum child support order. The minimum order amounts are $50 for 1 or 2 children; $75 for 3 or 4 children; or $100 for 5 or more children.

The federal poverty guideline is a chart of income levels that the government uses to decide if people are poor. It changes every year. Gross monthly income means all of the income you earn each month, before anything is deducted for taxes or other things.

6 Month Review

If either parent is not following the first order for child support, the other can ask for a review hearing. You have to ask for a review in the first 6 months. It is not automatic. The request form to ask for a review is attached to the order. You can also get one from the court administrator. At the hearing, the court will look to see if both parties are following the rules in the order for child support, custody or parenting time. The court cannot change the order, but can put penalties on the parents for not following the order.

What Income Is Counted?

Income is not limited to wages from working. Minnesota law counts the following as income that can be used to pay child support

• unemployment compensation
• self-employment income
• commissions and bonuses
• some disability payments
• pension payments
• other periodic payments like rental income or interest income

Generally, public assistance and income from a second job are not counted as income when setting child support. Overtime can sometimes be counted. The income of a parent's new spouse cannot be counted.

What If A Parent Does Not Have Any Income?

Sometimes parents are not able to work because they are chemically dependent, mentally ill or disabled in some other way. In those cases, parents are not ordered to pay child support unless they have other income. The disabled parent has to provide medical records and other information to prove they cannot work.

Sometimes, parents quit their jobs or take a job that pays less so they do not have to pay child support. These parents will be ordered to pay child support based on what they could earn, this is called Potential Income.

What If A Parent Has Other Children?

The children of one, but not both, parents in a child support case are called "non-joint children." Non-joint children can affect the amount of payment in a new child support case. Sometimes non-joint children live with the parent who is going through a child support case. Sometimes the non-joint child lives in a different house.

If a parent has a child support order to pay child support for a "non-joint" child who lives in a different house, the amount of the child support order is deducted from the parent's gross monthly income when figuring out child support for the new case.

If a non-joint child is living in the house with the parent going through a new child support case, a non-joint child deduction is given to that parent. The amount of the deduction is figured out by the court. Each parent may get a non-joint child deduction for up to 2 nonjoint children. This deduction lowers the parent's gross monthly income when figuring out child support in the new case.

CHILD SUPPORT INCLUDES HELP WITH CHILD CARE COSTS

The parent with custody often has to pay for child care while working or going to school. The non-custodial parent might have to pay a share of these child care costs.

Figuring Out The Average Child Care Cost

The first step in dividing child care costs is figuring out the average amount paid for child care each month. Costs can change during the year, especially for children in school. The parent with custody needs to show proof of the child care costs during the year, like receipts or bills. This information is used to figure the average child care cost.

For example, if the custodial parent pays $200.00 per month for child care during the school year and $400.00 per month during the summer, the average child care cost will be $250.00 per month.

9 months X $200.00 = $1,800.00
3 months X $400.00 = $1,200.00
     Total for the year = $3,000.00

$3,000.00 per month ÷ 12 months = $250.00

The non-custodial parent usually pays a set amount toward the average child care cost. It will be the same each month even when costs are different. The parent with custody needs to budget the child care money carefully to make sure it lasts and covers the months when costs are more - like in the summer.

Dividing the Cost Between Parents

Not all child care costs are divided between the parents. The non-custodial parent does not have to help pay for child care when the custodial parent is doing something other than working or going to school. Only work and education related child care costs are divided.  Costs are divided after estimating the custodial parent's tax credit for the child care expense.

Based on each parent's PICS (Parental Income for Determining Child Support) income the Judge or Magistrate will order each parent to pay a share of the remaining child care costs. For example, if the custodial parent has 60% of the parties' PICS income, he or she pays 60% of the remaining child care costs. The non-custodial parent pays 40%.

If the parents agree or the court orders it, one parent may provide some childcare for the children while the other parent is working or in school.

What if I can't afford to pay for child care?

Paying for child care can often be hard for parents with custody. Low-income parents with custody may be able to get a child care subsidy. You can apply for a child care subsidy at your local child support office. If you are getting MFIP benefits and child care costs keep you from working, you should talk with your caseworker. Your employment plan may need to include help with child care costs.

Minnesota has 2 ways to help a low-income parent put money toward the cost of child care. First, if the custodial parent gets child care assistance (subsidy), the non-custodial parent's obligation will be the lesser of their "share" of after-tax child-care costs. Or it may be a contribution determined by applying the non-custodial parent's income to a sliding fee scale.

Second, if a parent's court-ordered obligations for basic support, child-care and medical support leave that parent with income less than the self-support reserve, either the order will be adjusted or that parent will pay only a minimum order.

CHILD SUPPORT INCLUDES MEDICAL SUPPORT

What is medical support?

In a perfect world, every child would have health insurance and every parent would be able to afford health care for the child. To reach this goal, state law says that every child support order must deal with the issue of medical support.

Medical support means providing medical and dental insurance for the child, if possible.  Medical support also means the parents split medical and dental costs for the child when insurance does not cover it.

Both the custodial and the non-custodial parent can be ordered to provide medical support.

Who insures the child?

If both parents can get medical and dental insurance at a group rate through work or a union, the Judge or Magistrate will order the parent with better coverage to insure the child. If only one parent has insurance, the Judge or Magistrate will order that parent to insure the child. But the cost of the insurance will be split between the parents. The amount each has to pay is based on their incomes.

What if I can't afford to pay insurance or medical support?

Sometimes, neither parent can get insurance at a group rate. Or, the insurance a parent can get from work or a union is too expensive. Several things can happen in these cases. If the Judge or Magistrate thinks the non-custodial parent can afford it, he can order that parent to buy private medical insurance for the child.

But, the law says that a parent can only be ordered to pay money for a child's medical support if he or she has enough money to do that. If there is no insurance available and the custodial parent is eligible, there are 2 programs that help pay the medical costs of low and moderate income families with children. They are

1. Medical Assistance (MA) - a public assistance program that covers medical costs

and

2. Minnesota Care - a government insurance program for people who cannot get insurance at work

It's a very good idea to apply for these programs if you cannot get insurance through work. Low and middle income families should apply for Medical Assistance to pay for medical expenses that insurance does not cover even if they can get insurance through work.

• If a parent's court-ordered amount for basic support, child-care and medical support leave that parent with income less than the self-support reserve, either the order will be adjusted or the parent will only pay a minimum order.
• If the child is getting MinnesotaCare or Medical Assistance benefits, the noncustodial parent might be ordered to pay a certain amount of money each month toward the cost of MinnesotaCare or Medical Assistance. The amount is figured out on a sliding fee scale.

You can call the county child support office to find out where to go to apply for these programs. A listing of County Child Support Offices can be found by clicking here.

Who Pays The Medical And Dental Expenses That Insurance Doesn't Cover?

The Judge or Magistrate will also divide the medical and dental expenses for the child that insurance, MinnesotaCare or Medical Assistance does not cover between the parents. The share each parent has to pay is based on income.

ESTABLISHING CHILD SUPPORT

COUNTY CHILD SUPPORT SERVICES

You can apply to your local child support office for help with child support even if you do not get public assistance. If you are not on public assistance you must fill out an application and pay a fee.

The child support office must help you

• get a court order for
• child support
• medical support
• and childcare expenses
• legally name the father of your children, if you were not married when they were born
• locate the parent who should be paying support
• collect child support or take action against parents who refuse to pay
• change the child support order

When your child support file is opened, your worker can give you information on your case. You will also get a participant number and a PIN number. You can use these to get information about your case 24 hours a day. You can learn how much child support is owed, the date of the last payment made and the name and number of your child support worker. There are 2 ways to do this. There is an online way to check at www.childsupport.dhs.state.mn.us/Action/Welcome. You can also get information by calling the State's Integrated Voice Response System (IVR System). When you call, you will need your Social Security Number or participant number and a PIN number. In the Metro Area, call (651) 215-5630 or, if hearing impaired, (651) 215-5629. If you live out state, call 1-800-657-3512 or 1-888-234-1208 if you are hearing impaired.

The child support office has certain time deadlines it is supposed to meet. You will find some of these time deadlines below.

CHILD SUPPORT TIME LIMITS

Getting the application

The county office has to give an application for child support services to any parent who asks for it. If you ask for the application in person, they have to give it to you that day. If you write or call, they have 5 days to send it.

Starting a file

The county has to begin paper work and decide the next step in your case within 20 days after getting the application.

Getting the child support order

Once the county knows who the other parent is and where he/she is, the county has 90 days to get a court order for child support or deliver legal papers to the other parent.

Every month the county sends out notices of collection for child support

Every month the child support office has to send you a notice showing when it got support payments and how they distributed the money.

For example, the notice should tell you

• how much was collected
• how much was sent to you
• and how much the child support office kept.

Distribution of child support payments

The county has 2 business days after they get the money to send it to the parent. If the money is a "tax intercept" (see below), in most cases they have 30 days after they get the money to send it out. If the parents are in different states (see below), the county has 15 more days before they must send the money.

Review and adjustment

In a public assistance case, the county reviews the file every 3 years to check if the proper amount of child support is being paid. In a non-public assistance case, the county reviews the file every 3 years but only if you ask them to. They have 15 days after you ask for the review, and only have to do it once every 3 years. If the county decides more or less money should be paid for child support, they have 180 days, about half a year, to make the adjustment.

Hints on Working with the Child Support Office

It is important to remember that the child support office (including the County Attorney's office) is not your attorney. The job of the child support office is to get child support for children. The child support office will help both parents - the one getting and the one paying the child support. If you feel that you need an attorney to help you with your side only, you should get one. Click here to see a list of Legal Services offices.

If you feel that the child support office is not meeting the time deadlines in your case, you should tell your child support worker about this. If your child support worker does not do a good job of answering your questions, you should contact his or her supervisor. You can also call the Department of Human Services, Office of Child Support Enforcement in St. Paul (651) 215-1714.

You have the right to ask your child support worker for a copy of your "Case Activity by Date" notes. This will say everything that has happened so far in your case. This sheet will have the private information about the other parent blacked out, such as his or her address and income. The child support office might charge you for copying the notes. Ask your child support worker about anything in the notes you don't understand.

If you disagree with how the child support office handled the money or see a mistake, you can ask the child support worker (in writing) to review this. Make your request for review within 45 days. If you are still unhappy with the decision, you may ask the Minnesota Department of Human Services Office of Child Support Enforcement to review the decision, but you must make this request within 30 days. You may want to see if an attorney can help you. Click here to see a list of legal services offices.

What If I Call My Child Support Worker To Find Out What Is Going On In My Case, But I Don't Hear Back?

Your child support officer has certain obligations to you, and it is important to understand exactly what these are. The services that should be given to you and the time lines are included in this booklet under "County Services." You should carefully read these so you know exactly what to expect from the county.

Remember that your child support worker is not a counselor, or the police or the court. Do not expect him or her to do what they cannot.

Your child support worker cannot

• help you with custody or parenting time (visitation) issues
• make the court system in your county move faster
• change your order without getting a court order
• give you information about the other parent's employment, address or phone conversations
• change the law
• help you with personal problems that you are having with the other parent

When you call your child support officer or go for an appointment, try to have all the information and your questions organized. Write your questions down in a list. The child support officer is handling many cases. If the child support officer needs to call you, let him or her know the best time to easily reach you. Make it clear that you expect the child support officer to meet the time deadlines in your case, but do not expect your case to move faster than the deadlines or other cases in your county.

CHILD SUPPORT EXPEDITED PROCESS

Minnesota has a special way to handle child support. It is called the "expedited child support process." This process is supposed to be easy to use and should result in timely and consistent child support orders.

In the child support expedited process, parents are given an opportunity to follow the guidelines and agree on how much child support should be paid. If the parents cannot agree, the case in most counties will go to a hearing before a "Child Support Magistrate." In some counties a District Court Judge may hear the case.

The expedited child support process must be used if the county is providing child support services to you and the only issues in your case are

• child support
• medical support
• child care contribution or
• enforcement of spousal maintenance, if combined with child support

Some counties also use the expedited process for

• paternity
• or child support contempt

Your child support case can be heard in district court if it also involves other issues such as

• custody, or parenting time (visitation)
• domestic abuse
• or property issues

Beginning the Expedited Child Support Process

To start the process, either parent may make a written request for services to the child support office. There is a list of phone numbers for state child support offices in the back of this book. You can call the office in your county for an address where you can send your letter. If the child support office turns down your request for their help, you can still go to the court for child support. You may be able to get an attorney for free to help you.  See the list of legal services offices by clicking here.

An action to get child support or establish paternity starts with serving the other parent a legal paper called a Summons and Complaint. An action to change an existing child support order begins with the service of a Motion. The Complaint or Motion must have detailed information about both parents' incomes and expenses A financial affidavit must also be served on the other parent and filed with the court. Click here to see financial affidavit information.

The other parent must respond to a Summons and Complaint for child support in writing within 20 days. The other parent must respond to a Summons and Complaint for paternity in writing within 14 days. The other parent must respond to a Motion in writing within 14 days.

If there is no response to a Complaint or a Motion within 20 days, the case may proceed by default. Default means that the child support magistrate may issue a child support order based upon the information in the Complaint or Motion and any supporting documents that were served on the other parent.

When is a Hearing Required?

A hearing will be held if

1. the other parent did not respond and the Summons and Complaint or motion did not have enough information

OR

2. the parents cannot agree on child support

The hearing must be scheduled within 60 days of the date of service of the complaint or motion. Both parents will get a notice of the time, date and place of the hearing. Both parents have the right to appear at the hearing. If you cannot appear in person, you may ask to appear at the hearing by telephone or interactive T.V. The Judge or Magistrate does not have to grant the request, but you can ask.

What You Should Bring to the Hearing

• Proof of your income (bring a recent pay stub or other written proof of your income)
• The amount of child support you pay for other children, if any (bring a copy of the most recent order, if you have one)
• The amount of spousal maintenance (alimony) you pay or get(bring a copy of the most recent order, if you have one)
• Your monthly expenses (make a list of your average monthly expenses and bring it with you to the hearing)
• Whether or not you can get medical and dental insurance through your employer or a union and how much it costs
• Medical or dental bills for the children that are not covered by insurance or public assistance and that you want the other parent to help pay
• How much you pay for child care (bring a statement from your day care provider or other written proof of how much you pay)

If you used the online child support calculator at http://childsupportcalculator.dhs.state.mn.us/, you can also bring the worksheets from the calculator to the hearing.

What Happens at a Child Support Hearing?

At the start of the hearing, the Child Support Magistrate will explain the purpose of the hearing and the way the hearing will proceed. The Magistrate will check to see who is present and if the parents agree on any facts or issues. It is a good idea to talk with the other parent before the hearing, to see if you can agree on any part of the proposed child support order.

Presenting Your Case

Next, each parent will have a chance to present information to the Judge or Magistrate. You can do this by testifying yourself, by having witnesses testify, and by giving written documents to the Magistrate.

Note: If you plan to call witnesses besides yourself, you must notify the other parties in writing at least 5 days before the hearing. The notice must give the name and address of each witness and a brief summary of what the witness will say. If you plan to bring documents, make sure you bring enough copies so the Magistrate, other parent, and the child support office all get one.

The Magistrate will ask the parents to take turns. First, one parent takes an oath to tell the truth and provides information to the Magistrate. The person testifying is a witness. The Magistrate may have questions for the witness. When the witness is done talking, the Magistrate will give the other parent a chance to ask the witness questions. That parent then calls any other witnesses he or she might have.

When the first parent is done, it's the other parent's turn. The same procedure is followed. T