In 1997, changes were implemented in the Minnesota child support payment guidelines. The old law stated that non-custodial parents were required to pay a certain amount of child support no matter how much parenting time they were awarded by the court. The custodial parent’s income was not considered. Today, however, the court considers the incomes of both parents, as well as the parenting time schedule, health insurance premiums, and day care costs.
Child Support And Parenting Time
Today, there are labels placed on child custody. They are sole custody and joint custody. However, neither one of these have no bearing on how the amount of child support is determined. The new guidelines only consider the amount of time that is spent with the child. For instance:
- The parent engages in less than 10% of parenting time
- The parent engages in 10% to 45% of parenting time
- The parent engages in parenting time 45% of the time or more
The more time a parent spends caring for the child, the less child support they are going to have to pay. In order to determine your parenting time percentage, your Eden Prairie family law attorney can help you and also help prove your parenting time if it is contested, although your parenting time was settled with the court to begin with.
Child Support Modifications
It may be possible for you to modify the amount of child support that you are paying or for you to be able to have the non-custodial parent pay you more child support if certain factors exist. The person seeking a modification has to show the court that there has been a significant change in circumstances. The change can include an illness, loss of job, or a change in expenses. Your Eden Prairie divorce lawyer can help you determine if you have experienced a change in circumstances that is significant enough to convince the court that a modification is needed.
The court may or may not see the situation as one that is dire enough to warrant a modification. For instance, the purchase of a new car may not qualify as a change in expenses. However, an increase in the cost of living without a wage increase could warrant a change in support, especially when the cost of living change directly impacts the ability to provide all of the necessities for the child.
Eden Prairie Divorce Lawyer
Child support is necessary to ensure the well-being of any children involved in a relationship that no longer exists. If you need to have child support modified or you need to have it established as the result of a divorce or other separation, the Burns Law Office can help. Call us at 952-898-6831 or fill out the contact form to schedule your free initial consultation. You have rights and we can inform you of those rights as well as your options when it comes to the care of your children.