Child Support in Minnesota

Child support is money paid by one parent to the other to help cover the costs of raising a child. In Minnesota, both parents are legally obligated to support their children financially, regardless of whether they were married. Child support is the child's right — not the custodial parent's — and courts take it seriously.

Minnesota uses an "income shares" model to calculate basic child support. The idea is that children should receive the same proportion of parental income they would have received if the family had stayed together. The calculation starts with both parents' gross incomes, then applies a formula based on the combined income and the number of children.

The result is a presumptive support amount — what the guidelines say support should be. Courts can deviate from this amount if applying it would be unfair or unreasonable, but they must explain why in writing.

Minnesota's child support guidelines define income broadly. It includes wages, salaries, tips, bonuses, commissions, self-employment income, rental income, investment income, unemployment benefits, workers' compensation, and Social Security benefits, among other sources. Courts can also consider potential income — what a parent could earn — if they find a parent is voluntarily unemployed or underemployed.

The amount of parenting time each parent has directly affects the child support calculation. The more time a parent spends with the child, the lower their support obligation, because they are presumed to be spending money directly on the child during that time.

Minnesota uses a parenting expense adjustment based on the percentage of parenting time. If a parent has less than 10% of parenting time, no adjustment is made. Between 10% and 45%, a graduated adjustment applies. At 45.1% or more (near-equal parenting time), a different formula applies that accounts for both parents' direct spending.

Basic child support covers everyday living expenses. Minnesota orders also typically address two additional components: medical support and child care support.

Medical support covers the cost of health insurance for the child and unreimbursed medical expenses. Courts allocate these costs between the parents, usually in proportion to their incomes. Child care support covers work-related child care costs — the expense of daycare or after-school care that allows a parent to work or attend school. These costs are also split between the parents based on income.

Child support orders can be modified when there has been a substantial change in circumstances. Minnesota law presumes a substantial change exists if the current support amount differs from the guideline amount by at least 20% and $75 per month. Other grounds for modification include a significant change in either parent's income, a change in the child's needs, or a change in parenting time.

Either parent can request a modification by filing a motion with the court. Support does not change automatically — you must get a new court order. Until a new order is entered, the existing order remains in effect and must be followed.

When a parent fails to pay court-ordered child support, there are several enforcement tools available. Income withholding — automatically deducting support from the paying parent's paycheck — is the most common. Other remedies include intercepting tax refunds, suspending driver's licenses or professional licenses, reporting to credit bureaus, and holding the non-paying parent in contempt of court.

The Minnesota Child Support Enforcement Division (CSED) can assist with enforcement in some cases. A private attorney can also pursue enforcement directly through the court. Dana has experience both establishing support orders and enforcing them when the other parent refuses to pay.

In Minnesota, child support generally continues until the child turns 18. However, if the child is still in high school at age 18, support continues until the child graduates or turns 20, whichever comes first. Support can also end earlier if the child becomes emancipated — for example, by getting married or joining the military.