When parents live apart, one parent typically pays child support to the other. The law establishes guidelines, but negotiating the amount of child support and related issues can be contentious. As time passes, enforcing or modifying a child support order may become necessary.
The family attorneys at Kohlmeyer Hagen Law Office, Chtd. can offer skilled assistance, whether you are negotiating your initial child support agreement or need help with enforcement or modification. Let a Rochester child support lawyer advocate for a fair arrangement that best serves your children.
The law requires both parents to contribute financially to raising their children. When parents have equal income and share custody equally, there may not be a child support payment. In most cases, however, one parent will make periodic payments to the other for child support.
Child support covers only essentials, such as shelter, food, clothing, and transportation. Basic education and healthcare needs are included in child support, but the amount may require adjustment if a child has extraordinary educational or healthcare expenses. A parent usually owes child support until a child turns 18 or graduates from high school, whichever comes later.
Depending on the children’s lifestyle before the parents separated, child support may include other expenses. Parents will often negotiate a child support amount that includes money for certain additional expenses, such as:
An attorney in Rochester can help parents negotiate a child support agreement that meets their child’s needs.
Child support in the state is calculated based on published guidelines. The guidelines consider each parent’s gross income, the number of children they are supporting, and how much time the children spend living in their home.
Parents must calculate their combined gross income. The guidelines provide a presumptive amount that parents of that income level will spend per child. The parents find the presumptive amount for the number of children they share, and each pays a portion based on the percentage they contribute to the couple’s combined gross income.
When a parent has a low income or substantial obligations, a court may impose a lower child support amount to promote equity and ensure neither the paying parent nor the children live in poverty. Minnesota Statutes §518A.43 allows other deviations from the guidelines amount when there is a significant income disparity between the parents or when a custodial parent receives a substantial boost in income. An experienced Rochester lawyer can advise a parent on whether a deviation to the child support amount may be appropriate in their specific case.
Court-ordered child support is a legal obligation. Parents must comply with the court order unless a judge modifies it. Parents who defy the order can face potential enforcement actions.
When either parent experiences a substantial change in circumstances, they may apply for modification of the child support order. Circumstances that might qualify for a modification include:
An attorney in Rochester can review a parent’s circumstances and determine whether seeking a child support modification is appropriate.
When a parent falls behind on their child support obligation, the receiving parent can bring a motion to enforce the order. A judge can impose income withholding, attach the payer’s bank accounts and other assets, intercept their tax refund, and even suspend their driver’s license or professional licenses.
Your children have the right to financial support from both their parents. However, calculating an appropriate amount can be complicated, and life’s changes may require you to revisit your child support arrangement later.
An experienced Rochester child support lawyer can provide valuable guidance and advice. Reach out to our team today for help with a child support issue.
