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Dynamic doc test 3
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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
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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. |
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Child Care Support |
The amount ordered by the court to help pay for work or education related child care costs |
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Child Support |
The money paid to help raise a child. It is a combination of basic support, medical support and child care support. |
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Custodial Parent |
The parent or person that a child lives with. Sometimes called "obligee" in child support cases. |
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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." |
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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. |
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Income Available for Support |
The amount of gross income above the "self-support reserve." |
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Joint Child |
The child of both parents in the support proceeding. |
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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. |
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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. |
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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. |
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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. |
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Non Custodial Parent |
The parent that the child does not mainly live with. Also called the "obligor" in child support cases. |
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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. |
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Obligee |
A person who gets child support or spousal maintenance. |
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Obligor |
A person who pays child support or spousal maintenance. |
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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. |
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Parenting Time |
The time a parent spends with a child. It does not matter who has custody. Parenting time is also called visitation. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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
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:
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If the court sets parenting time less than 10% of the time, there is no deduction.
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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
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.
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