The Minnesota courts have almost purely mathematical calculation for establishing child support.
Number one is that the courts takes into account gross income about the mother and the father.
Gross income is based on W-2s, tax returns, or other evidence of gross yearly income. The court will sometimes take into account the last five years of gross income to come up with an average gross income amount if a judge feels that that is more accurate representation of income.
Other Factors for Determining Minnesota Child Support
The court will also take into account such factors as whether their other non-joint children of the parties, whether one party is paying child support and/or spousal maintenance to another person, whether there is childcare and other health insurance costs for minor children, and other miscellaneous healthcare expenses.
The courts also take into account the amount of annual overnight parenting time that the obligor parent has with the children. Threshold levels are essentially 25% and below, 25 to 45.1%, and 45.1% and above.
Minnesota Child Support | The 45.1% threshold
The 45.1% and above threshold is the threshold at which most people would like to get to and any custody division.
Essentially 45.1% represents the amount of annual overnights that a person must exercise for purposes of establishing custody. This means that the parent must literally spend at least 45.1% of annual overnights with the children. This is important because the parent receives this mom will receive a large credit on their child support.
As I stated, the child support calculation in Minnesota is mathematical and very clear.
A judge does have some discretion to modify child support based on other circumstances; however, I have not seen very many judges modify child support outside of this basis. Essentially, the judge will want to see a child support obligation worksheet using the information and numbers discussed above.
I have asked by many people what the standard is for determining a modification of child support in Minnesota, and my answer is always the same: you need to look at the statutory factors and do a mathematical equation on a worksheet. If you cannot meet the threshold standard for modification the judge will not modify child support.
There are also statutes would state that modification cannot take place within one year after it has been established or what if there is not that a 10% change in the amounts of predetermined child support. Most judges will hold to these standards, however that is a discretionary standard the judges will use. The judges will not often go outside of the numbers associated with that worksheet and outside of the mathematical equation.
For more information on how to calculate child support in Minnesota or child support modification in Minnesota, contact the law firm today at 612-424-0398.
