Under the Minnesota child support law that has been in effect since 2007, the amount of child support is based on both parents' incomes. There is a guideline table in the statute that provides a set amount of base support that a child or children are entitled to based upon the sum of mom's income and dad's income. The amount of the payor parent's obligation is figured by that parent's proportional share of the two parents' combined income applied to the base support in the aforementioned guideline table.
If the parents have equal, or nearly equal, parenting time (i.e., if the child's living arrangement reflects joint physical custody), the calculation is different (…and too complicated to explain in brief space here.) Suffice it to say, the payor parent's obligation is substantially less.
The joint custodian's lower child support obligation reflects the fact that the joint custodian is contributing to regular, daily expenses in a manner that a non-custodial payor parent does not. That is to say that, in the first example above, the obligor parent pays child support to the custodial parent, and the custodial parent covers the child's expenses, including clothing, footwear and regular, extracurricular activities. (The payor parent does cover incidental expenses during parenting time, such as food, movie tickets and travel expenses.) In the second example above, the joint custodian pays a LESSER amount of child support, but also contributes to the child's expenses, such as clothing, footwear and extracurricular activities (and not just parenting time expenses).
There are times when a payor parent views it as a "bad deal" to pay the "higher" amount of child support. The up side is not having to contribute additionally to day-to-day expenses. Conversely, the "down" side of paying the "lower" amount of support that a joint custodian pays is having to also contribute to day-to-day expenses.
Is there a calculator, or an explanation somewhere online (or elsewhere) that goes over how the support is calculated when there is an exact split-50/50 physical custody? I have filed a motion for modification (filing unrepresented, on my own) and have a pending court date because I KNOW that I’m overpaying substantially, but I would like to find the guidelines that will give me a better idea of how the calculation differs for joint custody.
I GREATLY appreciate any insight you can provide.
In the state of mn, if the non-custodial parent remarries, does that affect the amount of child support paid by that parent. Is it true that they cannot include the new spouses income to calculate the child support.
I have a question:
We have a joint custody on my two kids. In our divorce decree, each side can have 2 weeks vacation with the kids. The decree does not say it has to be in the US, only says the traveling side needs to give 1 week notice to the other side.
I am planning to bring the kids to see my parents in China. They are 80yrs old and miss their grandkids very much. But my ex-wife does not allow me to bring them. Can I bring them to travel withour her consent? Thanks
So, if I’m understanding this correctly, does child support represent the obligor parent’s “share” of a total, and that the custodial parent has a “share” as well?
And in Minnesota, the obligor’s share of child support includes regular, extracurricular activities?
The court appointed amount for child support never seems to be enough. I am a single Dad (yes I have full custody) with 3 kids. I got a lot of information and advice for divorce from http://www.dadsdivorce.com that helped me in my battle for custody.
Currently my husband and I are separating. I have stayed home the last 10 years to raise my children and am now seeking ft teaching job. I plan on sub teaching until I land a ft job, but that brings home about $600 month take home. My husband makes around $90,000 a year. If I agree to do joint custody will he be obligated to pay child support? If I do not agree to do share custody, what percentage of his income would be granted to me and my three children? We live in Minnesota.
Thanks