Legal Question in Family Law in Minnesota

Re: Extra Schooling for Child of divorced parents

Thank you for your question. This is a very difficult issue, and one that can be extremely frustrating for the custodial parent (who is typically the one asked to pay such bills).

In general, child support is the determined by the guidelines in Minnesota Statutes Chapter 518A. As you may be aware, the child support statute was substantially overhauled by the legislature, and new guidelines went into effect on January 1st. In most cases, the child support guidelines do not contemplate that additional support can be ordered for educational expenses. However, where there are unusual educational needs, and additional expenses, the court can "deviate" from the guidelines and award more child support than the guidelines would otherwise allow. This is set forth in section 518A.43 of the Minnesota Statutes. If you go the "links" section of my web page, and select the link for the Minnesota legislature, you will be taken to the page at which all of the Minnesota Statutes can be found. In the "retrieve a section" field, enter 518A.43 and you will be taken to the applicable statute.

While that statute confirms that extraordinary educational expenses are a justification for ordering more child support, actually getting an increased award requires a carefully drafted motion. In my opinion, you should not rely upon the "do it yourself" forms you can find at various places on line. Those forms are not equipped to deal with any unusual issues, and are often very misleading. If the expense is significant, and you can document your child's need for additional educational services, you would be well advised to obtain the assistance of an attorney.

You may certainly feel free to contact me if you have additional questions or concerns.

Again, thank you for your question, and good luck.