The new year meant “very dramatic changes” in child support laws in Minnesota according to attorney Glen A. Norton. “In 20 years, I’ve never seen this many big changes at once,” says Norton, whose Maple Grove practice focuses on family law. The largest shift involves a new formula for calculating financial obligations that will include both parents’ incomes to determine each parent’s share of the cost of raising a child. The formula, which applies to actions filed with the court after Jan. 1, 2007, differs from the old method which was based solely on the obligor’s income. The new system apportions child support payments based on what both parents are earning.
“This change has been winding through the legislative process for three or four years and is addressing some perceived unfairness in the child support process,” says Norton. “If the person owing child support has lower earnings than the person receiving child support, the ower sometimes feels like the other parent doesn’t need the money, but it’s the child’s right to have both parents support him.” The state has created an online calculator that will help parents roughly assess what their payments will be.
Additionally, the new child support law has added a six-month review that parents can opt for if they want the court to assess the compliance of their situation. “The review gets people back in for a check up if somebody is not complying with the court’s orders,” explains Norton. “It’s not there to change things around or for a second bite at the apple.”
The legislation also enacted a new provision that allows for a financial discount based on the amount of time parents spend with their children. If the noncustodial parent has the children less than 10 percent of the time, no adjustment to support is made. However, if the obligor has the children between 10 and 45 percent of the time, a 12 percent discount is applied. Anything beyond 45 percent is presumed to be equal parenting, which puts parents into a different formula because custody at that point is being shared.
Norton says the changes are positive ones that put children first. “These laws encourage people to focus on what’s best for the children and not the labels.”
