On January 1, 2008, Minnesota's new child support law became effective in all cases involving support of children (divorce and paternity). Previously, the child support law focused on the net monthly income of the non-custodial parent. Under the new law, an "income shares model", the gross monthly income of both parents and the parenting time allocation is considered. Parenting time falls within three categories: (1) less than 10%; (2) 10% to 45.1%; and (3) 45.1% or more. If the parenting time allocation provides a parent with at least a 10% parenting time during a calendar year, the new law provides for a "parenting time adjustment" or reduction in the calculated child support.

Other factors in the new child support analysis include the costs of dependent insurance and child care, whether a parent is paying court-ordered spousal maintenance (formerly called alimony) and "non-joint children". Non-joint children are defined as the legal children (a maximum of 2) of one but not both of the parents in the support proceeding who: (1) primarily resides in the parent`s household, and (2) for whom the parent does not have an existing court order for basic support. Step-children do not qualify as "non-joint children."

In post-decree modifications of child support, the new child support law does not automatically apply, even if the modification is sought after January 1, 2008. The new law still requires a showing of "substantially changed" circumstances that make the most recent child support order unreasonable and unfair.

Substantially changed circumstances can be based upon increased or decreased gross income of the parent paying child support (the obligor), increased or decreased needs of the parent receiving child support (the obligee) or the children subject to the support, the addition, increase or decrease of work-related or education-related child care, extraordinary dependent medical expenses not provided for in the most recent court order and emancipation of a child.

Child support can be resolved outside of court by private agreement or through mediation. At Napuck Law Offices, P.A., we have the experience to examine the factors relevant in determining or modifying child support. If a private resolution by agreement or through mediation cannot be reached, Geri has the knowledge and the experience to effectively represent clients in court.

Learn more about Minneapolis divorce attorney Geri Napuck.