Obligations & Modifications

Child Support

At Sheridan & Dulas, P.A., our Minnesota family lawyers work with clients just like you to help them understand their child support obligations and seek modifications when appropriate. Contact us today at 651-686-8800 to speak with a child support attorney today.

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Child support Overview

What Is Child Support?

Child support comprises the periodic payments a parent makes to help cover a child’s financial needs. This is a court-facilitated process, and both parents remain financially responsible for raising the child. Under Minnesota child support laws, every child is due financial support and has an exclusive right to support from both parents.

Once established by a court order, child support is not optional, so this responsibility cannot be discharged or suspended should a parent declare bankruptcy or decide to relocate. However, child support may be modified under certain circumstances.If you have questions about child support, we can help.

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Forms Of Child Support

In Minnesota, there are three different forms of child support. These include:

Basic Support – Basic support is the type of child support that most clients have heard about. This form of support helps purchase clothing, food, housing, and other necessary expenses related to raising a child.

Medical Support – Medical support is another form of child support that goes toward paying insurance premiums and out of pocket medical, dental, orthodontic, and therapeutic expenses.

Childcare Support – The third type of child support is called Childcare Support, which is a contribution to the payment of work-related or school-related daycare.

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Support calculations

How Is Child Support Calculated

Unlike spousal support, which weighs various factors to determine payments, child support is calculated according to a formula provided by Minnesota’s child support guideline law.

The first step to calculating child support is to determine each party’s income. The law assumes that both parents are able to work full-time. There are some exceptions, of course. For example, one parent may be disabled or work in an industry that does not keep standard nine to five hours, such as nursing.

The next step is to determine the number of “overnights” or overnight equivalents that a parent receives. When reviewing a Court order for child support, we will make sure that the number of overnight stays that a parent has with the child or children is clearly identified.

Once we have determined each parent’s income and the number of overnight stays each parent has with their children, the child support calculation can be completed. Other variables, such as medical costs, insurance and daycare expenses will also be taken in account.

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Modifications

Modifying An Existing Child Support Order

In order to modify a child support order, one party must show a substantial change in circumstances that renders the current child support order unreasonable or unfair.However, it is not enough to simply state that there has been a change in income or financial position. In some cases, one parent may have a difficult time being able to pay child support. They may be experiencing disability, unemployment, health issues, or incarceration. In Minnesota, child support obligations are not terminated when one income source ends. Child support payments continue even when a parent is unable to pay.

Still, there are circumstances in which a child support order can be modified. In Minnesota, there is a two-pronged test that must be satisfied in order for a child support order to be modified: a parent must be able to prove that the current order would change by at least 20 percent and be at least $75 higher or lower after applying the State’s guidelines for calculating child support.

This calculation is based on the actual income of both parties, unless one party is underemployed or employed on less than a full-time basis. (Remember, the court presumes that both parents are capable of working full time.) The court may impute potential income based on historical earnings, unemployment benefits, or minimum wage.

The law is intended to exclude parties from seeking modifications for minor changes in income or lifestyle. If you have experienced a substantial change in income, your child’s healthcare coverage is no longer available, or an order for child custody has changed, then a modification may be appropriate.

Child support is not retroactively modifiable. One exception though is childcare support. Minnesota law states that a modification can date back to a change in actual expenses impacting the support obligation. For example, if a parent terminates childcare two years prior to a modification, then the paying parent might be able to recoup overpayment in the form of a credit for future payments.

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Get The Legal Help You Need Today

Do you have questions about an existing child support order? Do you want to learn more about child support and how it will impact your divorce? You should contact an attorney who can help you navigate these issues and seek a resolution that is beneficial to you and your family.

At Sheridan & Dulas, P.A. our family law attorneys have the experience you need. From the outset of your case, we will sit down with you and discuss your specific situation. Together, we can evaluate your financial situation and other factors that may impact your child support obligations. Contact us today by calling 651-686-8800.

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Reviews & tESTIMONIALS

Reviews For Sheridan & Dulas, P.A.

See what our clients are saying.

Vanessa

Andrew Hunstad and the staff were helpful and responsive to all of my questions and concerns. They made a very difficult time for me as quick and as painless as possible. He is a real professional and made all legal matters a walk in the park for me. From the free consultation, all the way until the finalization Andrew and the staff were extremely professional and knowledgeable about the process. Highly recommend!

Judie T.

Feeling lost, with the pending divorce after 19 years of marriage, I reached out to Andrew T. Hunstad of Sheridan & Dulas, P.A. He gave me the best advice " Get a good therapist because I am not. But I am an excellent attorney." He had my back through the entire process. And that was worth every dollar I spent.

Kari

Andrew Hunstad is honest, truthful, knowdependable, always responds asap, and has made my divorce case the best experience I've ever had with an Attorney. With absolutely no thought I could get what was fair from the divorce, Andrew made sure I got what was fair and I'm extremely pleased and thankful. Hands down, Sheridan & Dulas is the #1 place to go to for your divorce case. If you're able to, ask for a consultation with Andrew Hunstad... you won't regret it!

Linda

Andrew was methodical and calm and wise and dug in to get the complete information, but remained calm and friendly and available to me as if I was his only client. In the end, he went to court without me even there. I met him once, briefly; which in hindsight seems outrageous for a person who's legal work amounts to several million dollars worth of settlements. I couldn't be more happy with what Andrew accomplished for me and for how kind he was doing it. I would highly recommend him to anyone needing a divorce attorney.

Jen A.

I friend recommended I talk with Andrew Hunstad after my first attorney stopped communicating with me. I decided to hire him to take over my case.. Andrew was very professional and responsive to my calls and emails. From the beginning, Andrew listened to me. I told him what was important to me and he did not forget. Divorce is not much fun but finding someone who can explain the law, communicate my concerns, and deliver made it easier. Take my advice, talk to him before you hire anyone else.

Carol

DeAnne, my thanks for all of your work and expertise. You never failed to inform and often spent time to calm my fears. You very generously guided me through a difficult time and process. Without your help I know I would not have the life I can now look forward to.

Bev

I was encouraged to hire an attorney for my divorce, I didn’t know where to begin looking. I found Andrew through the Ramsey County Bar Association. I did an initial consultation with him and hired him on the spot. Andrew is knowledgeable, helped me understand all the legalities. He works hard to be fair and provide an equitable outcome. I would recommend him and have recommended him to several people.

Jon

Mr. Hunstad, When we first met, we discussed my concerns related to the divorce and spousal maintenance, amongst other things. You were candid in your advice and told me what I needed to hear. Your understanding of the law and the emotions involved saved me from making a costly mistake. You literally saved me $7,000.00 each month. Thank you, again.

Anonymous

Andrew was always very responsive to my inquiries and was able to complete my divorce in only 6 weeks.

Alan

Mr. Hunstad was both helpful and patient with me. He walked me through my employee contract step by step. While going through each part of the contract, he was able to put everything into laymen's terms if I didn't fully understand the technical aspects. He also had a great grasp of current laws, both state and federal. Overall I would highly recommend him based on both knowledge and communication.

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