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Court-ordered child support obligations can be changed only by the court. A motion to modify the support amount must be served and filed with the court. The court may approve or deny the modification. Filing a motion to modify child support can be done by either parent.
Hall's case have been re-written, there is still a presumptive ?cap? or ?limit? on how much income can be considered for a parent's child support obligation. Presently, that limit is Fifteen Thousand Dollars ($15,000) combined monthly income from both parents. See Minn. Stat.
The child support laws in Minnesota take into consideration the income of both parents and the parenting time of each parent. Any party may request a modification of a child support order upon specific showings that make the terms of the current order unreasonable or unfair.
Actions may include: Contempt proceedings for non-payment of support. Credit bureau reporting. Federal criminal prosecution.
People often think that the parent who has physical custody will receive child support but in Minnesota child support is not affected by custody; instead, the amount of court-ordered parenting time (visitation) is considered in calculating child support.
The law does not allow parties to waive child support entirely because child support is a non-bargainable right of children. Parents sometimes agree to ?reserve? child support, meaning that no child support will be paid at the time. However, a reservation of child support is modifiable.
Under Minnesota law, parents do not have a duty to pay for college or support their children past the end of their child support obligation. However, parents can voluntarily choose to support their children.
Child support may still be paid even if the parents share joint physical custody. If a parent has between 10% to 45% parenting time, then that parent will receive a 12% adjustment (reduction) in the child support owed to the other parent.
How is the basic child support amount calculated? Basic child support is calculated based on the combined gross income of both parents and is allocated based on each parent's proportionate share of the combined parental income for child support.
Hall's case have been re-written, there is still a presumptive ?cap? or ?limit? on how much income can be considered for a parent's child support obligation. Presently, that limit is Fifteen Thousand Dollars ($15,000) combined monthly income from both parents. See Minn. Stat.