Call To Begin A Consultation
Prior Lake952-226-2015
View Our Practice Areas

Child support and child custody: it’s always complex


Child custody and child support are inextricably linked. Often, the amount of child support owed is based to some degree on how much time the child or children spend in each parent's home. Some men, who object to having to pay child support, demand that custody presumptions be made that create equal time with both parents. This is done with the claim of fairness, but one suspects there may be an ulterior motive.

That motive is the desire to eliminate their obligation to pay child support. Their argument would be that if the child spends the same amount of time in each household, then they should owe no additional support for the children when they are with their mother. 


Of course, in a divorce, a Minnesota family court judge is often evaluating the marital property situation from the basis of what is equitable, not simply what is a 50/50 split. This typically occurs with the property division of the marital assets.

Child support is even more complex. In a situation where a father earns substantially more than the mother, even if they have shared joint physical custody, the father could still be required to pay child support.

There is a guideline formula set by the legislature that is used to generate the number, but it is subject to numerous, "deviation factors" that can affect the final amount ordered by the court. For anyone ordered to pay child support, it is very important to make those payments on time, and not to allow arrears to build up.

Arrears are bad for your children, and they can be very bad for a parent. These child support obligations are generally not dischargeable in bankruptcy. The family court will presume you are capable of earning some income, and absent very elaborate proof of a permanent loss of income, you are likely to be ordered to pay something.

Modifications of child support orders are possible, but they are not easily granted by the court. If you believe you need a modification, you should consult your attorney. They can help determine if a modification is possible in your case. And never just stop making payments, you must obtain the permission of the family court to change your child support obligation.

No Comments

Leave a comment
Comment Information
Email Us For A Response

We Can Help Ask us how - please call our family law offices at 612-200-2822 or fill out the form below to arrange a consultation.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Offices Conveniently located in Minneapolis and Prior Lake
  • Minneapolis Office
    2100 Fifth Street Towers
    100 South Fifth Street
    Minneapolis, MN 55402

    Toll Free: 800-219-0858
    Phone: 612-200-2822
    Fax: 612-605-0968
    Minneapolis Law Office Map

    Prior Lake Office
    14093 Commerce Avenue
    Prior Lake, MN 55372

    Toll Free: 800-219-0858
    Phone: 952-314-2617
    Phone: 952-226-2015
    Fax: 612-605-0968
    Map & Directions

  • Minneapolis Office Map
    • VISA
  • Prior Office Map