Mack & Santana Law Offices, P.C.
Call To Begin a Consultation
Minneapolis: 612-200-2822
Prior Lake: 952-226-2015
Toll Free: 800-219-0858
Main Menu Practice Areas
Compassion, Strength, and Planning in Times of Personal Crisis.

New Significant Changes In Child Support Laws Effective Today!

For years as Minnesota practitioners in family law we have been using 1.5 times the minimum wage (current federal or state, whichever is higher) for determining the potential income of a parent when we have very little or no recent employment data upon which to base his or her income for child support purposes. This rate would then be multiplied by 40 hours per week except in certain industry exceptions. Today, effective March 1, 2016, Minnesota Statute Section 518A.32 changed to lower the amount to "30 hours per week at 100 percent of the current federal or state minimum wage, whichever is higher." The impact of the change is not entirely clear based on Minnesota's differentiation between small employers and large employers and the current federal minimum wage matching the Minnesota small employer minimum wage which is lower than the Minnesota large employer minimum wage. Currently, the federal minimum wage and Minnesota small employer minimum wage are both $7.25 per hour, with the Minnesota large employer minimum wage currently at $9.00 per hour. Using the federal/small employer rate the potential monthly income using this method falls from $1,884 to $942 gross per month. However, effective August 1, 2016 the Minnesota small employer minimum wage is scheduled to increase to $7.75 and the large employer minimum wage will increase to $9.50 per hour.

Another big change is that there is an additional "deviation" factor added to the Minnesota child support laws in Minnesota Statute Section 518A.43 that would allow a judge to deviate downward in the child support guidelines to eliminate the basic support (dollar amount ordered for housing, food, clothing, transportation, and education and other expenses relating to the child's care excluding child care support and medical support) if the conditions of the new provisions are met. The deviation applies in cases when a party has 10-45% parenting time and there is such a significant disparity of income between the parties that an order directing the payment of basic support would be detrimental to the parties' joint child or children.

No Comments

Leave a comment
Comment Information
Super Lawyers