Legal Question in Family Law in Minnesota
Child Support in Minnesota
I currently have a child with a women whom I never married and we have not been together at all since the baby was born. We do not have any legal court order of any kind as far as child support goes. We just decided upon an amount ourselves and left it at that. We also split daycare costs and the child is covered under my health insurance. Everything is fine now, but I want to know if things go bad in the future what may happen. What happens if the amount I am paying her each month is less than what a court would order? Can she get back pay if this is the case? Without any court order am I still legally bound to pay child support (eventhough I will continue to do so)? What are the guidelines for child support in MN? Again, we had a verbal agreement between us about the amount paid, daycare, health insurance and tax deductions. Any help would be appreciated. Thanks in advance.
1 Answer from Attorneys
Re: Child Support in Minnesota
Hello:
Child support in Minnesota is governed by Minnesota Statutes Section 518.551. Child support guidelines are based on the non-custodial parent's net (take home) income. Net income is determined after deducting taxes, social security, health and dental insurance, union dues and a reasonable pension. If the net monthly income is in excess of $1000 per month, the obligation for one child is 25% of the net income figure. To use simple figures as an example: Gross Income is $2000, Deduct * State tax $100, * Federal tax, 250 *Fica $153 Health Insurance $110, * Union Dues $10, * 401K of 200. The net monthly income is $1,177. Child support is 25% of that figure or $294.25. Daycare expenses are assessed IN ADDITION to child support. However, only those daycare expenses incurred because the custodial parent has to wrok or attnd school are considered. Those expenses are divided as follows:
Total monthly daycare expenses multiplied by .75 (it is assumed that the custodial parent has a tax deduction in the approximate amount of 25% or the total), the remaining daycare expenses are divided "proportionate to income". You can find a clearer explanation relating to daycare with an example at my web site http://www.nvo.com/beaulier. Look under the section on divorce.
Agreements between the parties relating to child support will not be given any weight in court. Child support is considered a right of the child and not a right of the parents. As a direct result, the parents cannot agree to someething different than what is set out in statute and have the Court enforce it. If you were to have a falling out with the child's mother, she could petition the Court in a paternity proceeding to adjudicate paternity and set child support. In that proceeding, the Court may go back two years to set child support. If you were paying too little over that period of time, the Court may find you owe additional proceeds for the arrearage.
If you have additional questions, e-mail, call or visit our web site.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
