CHILD SUPPORT: MINNESOTA DIVORCE AND PATERNITY ATTORNEY
The issue of child support in a divorce is only determined after temporary and/or permanent child custody is determined. There is a new statutory guideline that was effective January 1, 2007 for matters originating on or after that date. The new guidelines are based on the parties’ gross monthly income. The issues of child care expenses and medical and dental expense are dealt with in the work sheet in determining the respective obligations of the parties. If you would like to see what the worksheet looks like and maybe work through it, please go to the state department of human services website at http://childsupportcalculator.dhs.state.mn.us/. For child support matters which were begun or on which child support orders were entered prior to January 1, 2007, the old law continues to be to be applied with certain exceptions until January 1, 2008.
In a divorce in which the parties agree or in which the court imposes joint physical custody, the calculator can give significantly different results. It is very important that the client discuss the issue of joint physical custody with counsel before making a decision with respect to that issue.
Child support will be awarded to the birth parent of a child born outside of marriage which is commonly referred to as a paternity matter. If the father has signed an Recognition of Parentage, child support can be imposed on the biological father by motion and without determining parentage formally. The amount of child support is determined in the same matter as in a divorce.