New Laws for Calculating Child Support in Minnesota
Minnesota's current method for calculating child support is based on a percentage of the obligor's (the person responsible for paying child support) net income. This year the Minnesota Legislature decided to adopt a new way to calculate child support. The AIncome Shares approach will consider the income of both parents instead of just the obligor.
The new guidelines will consider certain factors that the old system did not. For example, the new guidelines give credit to the non-custodial parent for expenses incurred during visitation or parenting time. The new guidelines also recognize costs that parents may have for non-joint children. The Minnesota Legislature believes this approach will be a more fair and equitable child support guideline, and as a result, it hopes the new system will increase compliance with child support orders.
In order to calculate child support under the Income Shares approach, the gross income for each parent must be calculated. If a parent is voluntarily unemployed or underemployed, the gross income can be the parent's Apotential income, which means what this person is capable of earning. Then each party takes their gross income and subtracts from it any child support or spousal maintenance orders, and/or any expenses for any non-joint children who reside in the party's home. The amount remaining is called the Parental Income for Calculating Support, or PICS. Then, both parents PICS are added together to find the total amount of child support under the guideline. The total amount is then apportioned between both parents, based on each of their PICS. The Department of Human Services is currently developing a web-based child support calculator to assist with calculating these figures.
There are many fine points to the legislation, which will become effective January 1, 2007. We would be glad to assist you on child support issues.
Goldstein Law Office, P.A. is licensed to practice family law in the State of Minnesota: Hennepin County, Ramsey County, Dakota County, Anoka County, Carver County, Scott County, Washington County, Sherburne County, McLeod County and Wright County, Minneapolis, St. Paul, Minnetonka, Plymouth, Wayzata, Maple Grove, Hopkins, St. Louis Park, and surrounding Twin Cities suburbs.
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