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Child Support Law Changes of 2007
| Starting January 1, 2007, child support will be calculated under a new formula called "Income Shares." Read the law at MN Statutes Ch. 518A.26. |
Key Terms
The general legal concept of "child support" is made up of three (3) parts:
1. basic support = costs for a child's housing, food, clothing, transportation, education costs, and other expenses to care for the child
2. medical support = health insurance and other medical/dental costs
3. child care support = child care (daycare) costs when parent go to work or school
"Joint child" is a dependent legal child of both parents in the support action.
"Non-joint child" is a dependent legal child of one, but not both parents, in a support action. [NOTE: A step-parent is not considered the "legal" parent of his/her step-child, unless the step-parent legally adopted the child.]
Important Legal Factors
- The Income Shares formula includes the gross income of BOTH parents in figuring the amount of child support.
- The amount of court-ordered parenting time (visitation) is considered in calculating "basic support." If a parent has the child between 10% and 45% of the time, the parent gets a 12% adjustment (reduction) in child support owed. If the parenting time is less than 10%, there is no adjustment to child support. Percentage of time is generally calculated by counting overnights the child spends with the parent.
- The law presumes that both parents can or should work and earn an income. The Income Shares formula considers this "potential income" as a factor in determining support.
- By law, if the parties do not provide specific details about their income, the court will set child support based on other available evidence, including past work experience, the current legal minimum wage, or it will set a minimum amount provided for in the law.
Online Child Support Calculator
The Child Support Enforcement Division of the Minnesota Department of Human Services created an online calculator with instructions to figure out the amount of child support under the new law. Click Child Support Calculator to go to their website.
Financial Affidavit Form Required
If parents with joint children are parties to a court action involving child support, each must parent complete a Financial Affidavit showing all sources of income. See the law at Minn. Stat. 518A.28. Each parent must serve the other party and file the Financial Affidavit with the court along with their initial pleadings or motion documents.
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