Cundy & Martin, LLC, Bloomington, MN, Child Support Lawyers
Federal law requires, and all states have, guidelines for the courts to use when establishing or modifying child support. A new formula for calculating financial obligations is among the changes in child support law that will take effect January 1, 2007. The new formula will include both parents' incomes to determine each parent's share of the cost of raising a child. The change applies to actions filed with the court after January 1, 2007. An online Guidelines Calculator can help you estimate the amount of child support the court may order on a case.
Specific Changes
Under the new law, the term child support has three separate components:
Using Both Parents’ Incomes to Determine Basic Support
Instead of determining support based on only the obligor's net income, the new guidelines use both parents’ monthly gross incomes to determine basic support. Each parent’s monthly gross income is reduced by the amount of spousal maintenance or child support that parent is ordered to pay for other families. The new formula also grants deductions from a parent’s monthly gross income for nonjoint children in their home.
Combined Parental Income for Determining Child Support
Next, the new guidelines formula applies the parents’ combined parental income for determining child support (known as “PICS”) to a basic support guidelines table to determine the parents’ combined basic support obligation.
Deductions for Total Parenting Time
If a court order specifies the total parenting time granted each parent, the obligor may receive a deduction from basic support depending on the amount of court-ordered parenting time granted to the obligor. The obligor receives the deduction if parenting time is 10 percent or more. The amount of the deduction is based on the percentage of court-ordered parenting time.
Health Care Coverage
The court decides whether there is appropriate health care coverage and who should carry the health care coverage. The cost is prorated between the parties based on each parent’s proportionate share of their combined PICS. It is possible that the parent with primary physical custody of the child(ren) will owe medical support. That amount will be used to offset the other parent’s child support obligation.
Child Care Support
Child care support will be determined by prorating the cost of the child care based on each parent’s share of their combined PICS.
If you have any questions about the child support guidelines you should contact our office to speak with a child support lawyer.
Six-Month Review
The court attaches a request for a six-month review hearing form to all marital dissolution and legal separation decrees, and to all orders that initially establish child custody, parenting time, or support rights and obligations.
If either party submits a written request for a hearing within six months of the court’s entry of marital dissolution or legal separation decree or order that establishes custody, parenting time or support, the court must hold a review hearing.
The court decides whether child support is current and whether both parties are following the ordered parenting time schedule. If either party asks, the county agency must give child support payment information to the parties and to the court. A party must make the request for payment information at least 14 days before the hearing.
Changes to an Existing Order
Generally, if the only change in a parent’s circumstances is passage of the new law, the support order will not be modified. An order will be modified only if a parent can show that one or more of the conditions listed in the law exist, and the terms of the order are unreasonable or unfair.
If either party feels that there has been a substantial change in their situation, they may seek a modification of their child support.
Modifications in 2007
In 2007, these conditions are very limited. There may be no modification of an existing order unless one of the following conditions exists:
the obligor's gross income changes by at least 20 percent
there is a change in the number of joint children that the obligor is legally responsible for and actually supporting
a parent or other caregiver of the child who is supported by the existing support order begins to receive public assistance
there are additional work-related or education-related child care expenses of the obligee or a substantial increase or decrease in existing work-related or education-related child care expenses
there is a change in the availability of health care coverage, or a substantial increase or decrease in the cost of existing health care coverage
the child supported by the existing child support order becomes disabled
both parents agree to a modification of the existing order in compliance with the new income shares guidelines
Cundy & Martin, LLC, Bloomington, MN, Child Support Lawyers |
