Legal Question in Family Law in Minnesota

Re: child support

Thank you for your child support question. The answer to your question depends upon a number of facts, including the language in your decree.

You should first examine the language in your decree. If it provides that child support will be reduced upon the emancipation of one child, and provides the specific amount of the reduction, or the manner in which it will be computed (eg, support will be reduced by x%), then the reduction may happen "automatically" -- if, that is, the county is involved in the collection of child support. If the county is not involved in collection, whether an automatic reduction occurs depends on the vigilence of the child support obligor. In other words, will he remember to make the reduction?

If there is no language for a step down in child support, and the county is not involved in collection, then a reduction will occur only if he brings the matter back to court. This will require him to show there has been a change of circumstances and that a modification is appropriate. In that instance, whether or not there will be a change in your support depends on more facts than I can address in the space provided in this forum. There is still a "cap", although the manner of computing support is so dramatically different under the new law (since it now dependends on both of your incomes, and the amount of his parenting time) that it is not really possible to give you a simple figure.

If support is going to be reviewed, either because he will bring a motion, or because the county is involved and has inquired about the emancipation of one child, then you should consult an attorney. Since your case is one in which he is paying something near "max" support, I would not recommend you proceed without assistance.

Please contact me at your convenience if you require further assistance, or have any questions. My number appears in my contact information. In the meantime, you may want to look at the Minnesota child support calculator (which can be found if you put those terms in a query), but I would caution you that it can sometimes be misleading.

Take care.

Re: child support

Thank you for your post.

Since your decree was entered, the child suport laws have changed significantly. While there is still a cap on child support, it is a cap based on the income of birth parents. So long as your decree indicates that child suport will be reduced when one child is emancipated, child support is likely to be modified based on the current statutory guidelines.

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