Sieloff and Associates, P.A.

Attorneys at Law

 

(651) 454-2000

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Eagan Office

Yankee Square Office III

3460 Washington Drive

Suite 214

Eagan, Minnesota 55122

(651) 454-2000

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Prior Lake Office

15870 Franklin Trail SE

Suite 201

Prior Lake, Minnesota 55372

(952) 226-6840

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Mora Office

221 Union Street South

Suite 3

Mora, Minnesota 55051

(320) 679-4569

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Family Law Center

 

 

 

Tax Center

 

 

 

Business Start-up Center

  

 

 

Child Support

    Child support in Minnesota is computed under Minnesota Statutes Section 518A.  As indicated herein, the child support laws were substantially modified commencing January 1, 2007.  The new practice regarding child support attempts to de-link the connection between the custody label and payment of child support by giving the non-custodial parent a “parenting time expense adjustment” regardless of whether he or she receives joint physical custody.  Gross income of both parents will be used to calculate child support and this ratio of income will also be used to allocate childcare and medical support.

    "Gross income" is any form of periodic payment to an individual.  These periodic payments are amounts before participation in any employer-sponsored benefit plan.  No deductions shall be allowed for contributions to pensions, 401(k), IRA, or other retirement benefits (as previously provided in the child support laws).  Expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business shall be included if they reduce personal living expenses.

    “Gross income” excludes:

  • Compensation received by a party for employment in excess of 40-hour work week, subject to certain provisions;

  • Child support payment received by a party; and

  • Income of the obligor’s spouse and the obligee’s spouse

    New calculations apply only to cases FILED after January 1, 2007.  If your case was filed PRIOR to January 1, 2007, the court will apply the former child support guidelines (unless the parties stipulated otherwise).

 

    A modification of a child support order may be made prior to January 1, 2008 if:

  • There is at least a 20% change in the gross income of the obligor;

  • There is a change in the number of joint children for whom the obligor is legally responsible and actually supporting;

  • A parent or another caregiver of the child who is supported by the existing support order begins to receive public assistance;

  • There are additional work-related or education-related child care expenses of the obligee or a substantial increase or decrease in existing work-related or education-related child care expenses;

  • There is a change in the availability of health care coverage or a substantial increase or decrease in the cost of existing health care coverage;

  • The child supported by the existing child support order becomes disabled; or

  • Both parents consent to modification of the existing order.

 

 

 


"There's only one way to have a happy marriage and as soon as I learn what it is I'll get married again."

 - Clint Eastwood

 

 
 

 

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Copyright © 2005 Sieloff and Associates, P.A.

 

 

Sieloff and Associates, P.A.

(651) 454-2000

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