Funding for battered women’s shelters and services Battered women’s shelters and services receive funding through the collection of fines. Courts are required to collect fines under the criminal code and to forward 70 percent of each mandatory minimum fine collected to a local victim assistance program that provides services locally in the county in which…
How is Child Support Typically Paid? The Minnesota Child Support Payment Center, a centralized unit run by DHS, must be used to collect and disburse support payments in all IV-D cases. Again, IV-D cases include when the obligee receives or has received public assistance or when the obligor or obligee has applied for support enforcement…
A child support order amount may change through a cost-of-living adjustment (COLA) or a modification. Arrearages may also affect the monthly support payment. COLA Every child support order entered since 1983 must include a biennial COLA that is compounded. Orders entered before 1983 had to have a COLA added whenever an enforcement or modification action…
Potential income If a parent is voluntarily unemployed, underemployed, employed less than full-time, or there is no direct evidence of income, the court must calculate child support based on potential income of that parent. The court will determine potential income by imputing income based on the parent’s probable earnings based on employment potential, recent work…
Basic child support is calculated based on the combined gross income of both parents and is allocated based on each parent’s proportionate share of the combined parental income for child support. Minn. Stat. § 518A.34. The parents must provide documentation of earnings and income at the time they file their initial pleadings or motion documents….
The court must allocate work- and education-related child care costs to each parent in proportion to the parent’s combined parental income for child support (PICS). The costs will be adjusted by the estimated federal and state child care credits. If the obligor meets the income eligibility requirements for basic sliding fee child care, the court…
Medical support means providing appropriate health care coverage for the child, a cash contribution to reimburse for the cost of health care coverage or public coverage, or payment of the child’s uninsured and unreimbursed health care expenses. The court must determine whether a parent has appropriate health care coverage for the child. In making this…
What does the child support include? A monetary amount for the care, support, and education of the child, commonly referred to as “child support” or “basic support” Medical support Work- or education-related child care costs of the obligee, commonly referred to as “child care support” Support arrears or reimbursement of public assistance payments already made…
As previously stated, child support is ordered by a district court judge, district court referee, or child support magistrate. Child support magistrates preside over IV-D cases only (again, cases where the county is involved because the obligee receives public assistance or the obligor or obligee asks the county for child support enforcement services). Non-IV-D cases…
Because the original federal legislation on child support added a “Title IV-D” to the Social Security Act, county child support offices, which are subsidized by the federal program, are sometimes called “IV-D agencies.” Child support enforcement services provided by IV-D agencies are often referred to as “IV-D services.” Cases in which the county is a…
Each applicant pays a $25 application fee when requesting child support services from the county agency. If the applicant receives public assistance, the fee is not required. If the county provides full child support services to an obligee, the obligee will be charged a cost recovery fee of 2 percent of the amount of child…
Minnesota Child Support Orders If a married couple with minor children is divorced or obtains a legal separation, a court must enter a support order against one or both parents. If a married couple with minor children lives apart, one parent or the public authority may go to court to seek a support order against…
The legislature sets child support policy in Minnesota. This information brief provides introductory information and answers to common questions about laws on setting, modifying, paying, enforcing, and terminating child support. By providing a basic understanding of current law, it is intended to (1) help legislators answer questions from individuals affected by a child support order;…
Federal Government Minnesota Statutes have long provided for child support orders in cases where parents separate, divorce, or have never married. In 1975, the federal government also became involved in this issue. Congress enacted laws aimed at establishing uniformity and setting minimum standards in state child support enforcement systems. The goal was to reduce the…
One of the main sources of confusion for many family law clients is the legal distinction between “sole” and “joint” custody and between “legal” and “physical” custody. For many people, “having custody” of a child simply refers to being the parent who is primarily responsible for raising the child. This conceptual notion typically involves a…
Court-ordered program If the court stays imposition or execution of a sentence for a domestic abuse offense and places the offender on probation, the court must order that the offender participate in and successfully complete a domestic abuse counseling program or educational program as a condition of the stayed sentence. Minn. Stat. § 518B.02. Standards…
Petition for relief A petition for relief under the Domestic Abuse Act is known as a petition for an OFP in cases of domestic abuse. A petition for relief may be made by any family or household member. In the case of a minor, the petition may be made by a family or household member…
In addition to the more traditional routes of attending mediation and filing a motion with the court, another alternative that may be available to the parties when a parenting time dispute arises is the appointment of a parenting time expeditor. Generally, a parenting time expeditor may be appointed upon the request of either party, by…
Custody and parenting time issues commonly arise in the context of either a divorce action or, in the case of unmarried parents, a separate proceeding to establish custody and parenting time. In either scenario, if a court determines (or the parties agree) that one parent will be awarded sole physical custody of a child, issues…
Child’s Best Interests Standard One of the most frequently asked questions in family law is how a court determines child custody in contested matters. Under Minnesota law, custody is determined under the “best interests of the child” standard. What does this statutory phrase mean in practical terms? The legislature has identified thirteen factors that a…
In Minnesota, “emancipation” means that a minor has the same legal rights and Minor obligations as an 18-year-old adult. It can also be “partial, conditional … or limited as to time or purpose.” Sonnenberg v. County of Hennepin, 99 N.W.2d 444, 447-448 (Minn. 1959). A minor can be emancipated by a legal marriage or by…
Need Help? Minnesota Domestic Violence Crisis Line: 1-866-223-1111 Minnesota Domestic Abuse Project: 612-874-7063 National Domestic Abuse Hotline: 1-800-799-7233 A TRO is a Temporary Restraining Order issued by a Minnesota court judge. The most common type of TRO is for domestic abuse or threats of violence in the family context, but Temporary Restraining Orders are also…
