Rochester Child Support Lawyer
At Kohlmeyer Hagen, Law Office Chtd., our Rochester child support lawyer has the professional skills and family law expertise to protect your rights and your interests through every step of the legal process. If you are locked in any type of child support dispute, we are here to help. To set your strictly confidential, no obligation family law consultation with a top Minnesota child support attorney, please do not hesitate to contact our Rochester law office today.
An Overview of Child Support in Rochester (Minnesota Law)
Minnesota law is clear: Parents have a general financial responsibility to provide support for their children. When parents get divorced or otherwise separate, there may be a legal child support arrangement in place. Most often, a child support order will call upon the non-custodial parent—the parent who does not have primary physical possession of the child—to provide ongoing financial support. Though, child support matters in Rochester are always case-specific. Here is a basic explanation of how child support works in Minnesota:
- Monthly Child Support (Basic Child Support): The payment from the non-custodial parent covers the child’s everyday necessities, such as housing, food, clothing, and transportation. In the vast majority of cases, basic child support will be handled through an ongoing monthly payment.
- Supplemental Expenses (Medical, Child Care, Etc.): Minnesota parents are also obligated to contribute to reasonable “supplemental” costs. Some notable examples can include things like medical care and child care. In certain circumstances, a non-custodial parent may be required to provide additional child support to contribute towards supplemental costs.
Legally speaking, the parent who pays child support in Minnesota is the obligor. The parent who receives child support in Minnesota is called the obligee. Most often, child support will last from the date that it is established to the date that the child turns 18 or graduates from high school, whichever one comes second. In practice, this means that most child support obligations in Minnesota run until a child’s high school graduation. Though, there are exceptions in both directions. In some circumstances, such as if a child is disabled, child support obligations may even be extended beyond the child’s 18th birthday.
We Handle the Full Spectrum of Child Support Cases in Rochester, Minnesota
With a conveniently located law office in Rochester, we take on all types of child support cases in Olmsted County and across the surrounding region. No matter what type of child support issue you are navigating, our Rochester family lawyers are standing by, ready to review your case, answer your questions, and help you determine the proper legal plan of action. Along with other types of child support cases in Rochester, our family law team has experience with:
- Negotiating child support settlements;
- Establishing a child support order in a divorce or separation;
- Petitions to deviate from our state’s child support guidelines;
- Modifying an already existing child support order;
- Retroactive child support cases; and
- Collecting back due child support payments.
Minnesota: Child Support Guidelines
With child support cases, parents are not required to start from “scratch” when determining how much should be paid. Quite the contrary, Minnesota has generalized child support guidelines in place that are used as a foundation for child support determinations. You can refer to the official Minnesota Child Support Guidelines Calculator to help get an estimate of how much you can expect to owe or how much you can expect to receive. Guidelines are based largely on:
- The income of the parent’s; and
- The number of children supported.
You Can Deviate from Child Support Guidelines When Appropriate
It is important for all divorced or separated parents of young children in Rochester to understand that our state’s child support guidelines are not set in stone. Minnesota law presumes that the child support guidelines are appropriate for any given case. However, that presumption can be overcome with evidence. You may be able to deviate from the child support guidelines, in either direction. The non-custodial parent may be required to pay more or pay less than the guidelines would otherwise call for. Some notable factors that could justify a child support deviation in Minnesota include:
- Parental resources other than “income”;
- Each parent’s genuine financial capacity to contribute;
- Parenting time and other contributions towards raising the child(ren); and
- Unique medical, emotional, or educational needs of the child.
Child support deviation cases can be especially challenging. If you are seeking a deviation from the child support guidelines in Minnesota—either to receive more or to pay less—it is crucial that you have an experienced Rochester, MN child support attorney on your side. Your lawyer will be in the best position to protect your rights and help you find the best solution.
Why Parents Rely On the Rochester Child Support Lawyers at Kohlmeyer Hagen
Going through a child support dispute is complicated—especially so if there are questions about how much is owed. At Kohlmeyer Hagen, Law Office Chtd., we use our deep knowledge of state’s child support laws to help protect the rights and interests of our clients. When you contact our Rochester office, you will have a chance to work with a Minnesota child support attorney who can:
- Hear your story, answer questions, and explain your legal options;
- Gather all relevant financial documents, financial records, and other evidence;
- Represent you in any child support settlement negotiations with your co-parent; and
- Take whatever legal action is needed to protect your parental rights and financial interests.
Get Help From Our Rochester, MN Child Support Attorneys Today
At Kohlmeyer Hagen, Law Office Chtd., our Rochester child support lawyer is committed to helping parents find the best financial solutions for their specific situation. If you have any questions about child support, we are here as a family law resource. Contact us at 507-625-5000 to set up your fully confidential, no commitment initial case evaluation. From our Rochester law office, we represent parents in child support proceedings in Olmsted County and throughout Southern Minnesota.
Frequently Asked Questions
About Child Support in Rochester, MN
Can We Work Out Child Support in Minnesota On Our Own??
Yes. In Minnesota, divorced or otherwise separated parents can work out child support arrangements on their own without a formal court order. That being said, in these cases, a written agreement is highly recommended. Child support issues can arise for a wide range of different reasons. Protect yourself with a formal agreement or an official court order. A Rochester, MN child support attorney can help draft the agreement and review it for compliance with state law.
What are the Most Common Mistakes People Make in Child Support Cases?
Common mistakes in child support cases include not understanding the state’s child support guidelines, underestimating or overestimating income, failing to account for all necessary expenses, not considering the child’s best interests, and not seeking legal advice. These mistakes can result in unfavorable or unenforceable child support agreements. Our Rochester child support lawyers help our clients avoid pitfalls and protect their rights.
Can a Father Seek Child Support from a Mother in Minnesota?
Yes. The child support laws in Minnesota are applied on a gender neutral basis. A father can absolutely seek child support from a mother in Minnesota. Child support is determined based on both parents’ incomes and the child’s needs, regardless of gender. Courts will consider various factors to ensure that the child’s best interests are met, and both parents contribute to the child’s upbringing fairly. If you have any questions about your rights as a father, contact our Rochester child support lawyers for immediate help.
My Co-Parent Has Fallen Behind on Child Support—What Should I Do?
If your co-parent falls behind on child support, contact your county’s child support enforcement agency for assistance. They can take various enforcement actions, such as income withholding, intercepting tax refunds, suspending licenses, or even pursuing contempt of court charges. Our attorney can help you explore other legal options to ensure you receive the maximum support.
Is There a Limit to Child Support in Minnesota?
No—at least not technically. Under Minnesota’s state child support guidelines, only the first $15,000 of the combined monthly parental income is considered for the purposes of determining basic child support. However, additional child support can be awarded beyond the amount called for by the basic child support guidelines to account for educational needs, medical needs, and other types of add-on expenses. Our Rochester, MN child support lawyers can help high-net worth parents navigate complex cases.
How Do I Get Child Support Extended Beyond the Age of 18 in Minnesota?
Child support in Minnesota typically goes until a child’s 18th birthday or their date of high school graduation—whichever comes later. However, an extension beyond the typical deadline may be possible in some circumstances. Most notably, if a child in Rochester has a disability (or other exceptional needs), child support may be granted until they are 20 years old (or even longer than that). If you have any questions about child support extensions, our Rochester, MN family lawyers are ready to help.
Don’t wait to contact us | 507.625.5000
Contact us as soon as possible. The sooner you call us and get us on the case, the more time we wil have to prepare your defense. Even if you are not sure you want to hire us, call us and talk with one of our child custody attorneys. We offer a complimentary, no-obligation consultation. Talk to us and see what we can do for you.