Who Is Generally Responsible For Child Support After A Divorce In Minnesota?
Many factors go into a child support decision. The most critical factor is which parent has the child for the most amount of time. Generally, the parent who has a child on the weekends or less will be the one paying child support.
Child support will be based on many factors like the incomes of both parties, who has medical or dental insurance, and if both parents work. Then the parenting schedule and any other large expenses. If the child plays a sport or travels for competitions, that may be taken into account because one parent or maybe both pay for it.
When the parties share parenting time 50/50, whichever parent earns more will be the one who’ll pay child support. However, the amount of child support exchanged between the parties will be significantly reduced if parenting time is 50/50.
How Is The Amount Of Child Support Calculated in Minnesota?
There is a child support calculator, which is very helpful because you can put the factors into it, and get a calculation. The court looks at your pre-tax income and any money from any source you consistently receive. It can be from unemployment or someone paying you rent. Payment does not just need to be employer-based. The numbers can change based on whether somebody’s actual or potential income is considered. One party can persuasively argue that the other party is not working at their potential.
There are cases where somebody loses a job. However, the court finds that they are making a reasonable effort to find new and comparable work. The court will impute income to the party if they believe that one of the parties is just not working on purpose because of the dissolution.
It is good to maintain whatever work you are doing during the marriage because changing your work habits will raise a red flag for the court and opposing counsel. They will point it out, and it will make a difference in your case’s outcome. If either parent has non-joint children who they are caring for or paying child support for, it can go into the calculation.
Does Minnesota Recognize Alimony Or Spousal Support In A Divorce Case?
Spousal support is not something we have a calculator for. The amount awarded in spousal support can vary greatly depending upon the parties. Generally, in a short marriage, under five or eight years, spousal support is not considered. If neither party has a high enough income, spousal support is not reasonable.
However, with longer marriages, the court looks at the length of the marriage and living standard. Ideally, both parties should maintain a similar standard of living after the divorce. The court also considers the ability of the working spouse to pay spousal support. If the parties are broke or in a large amount of debt, the court will consider it.
If one spouse took time out of the workforce because of the marriage, like to take care of children, it is taken into consideration. The court will consider the recipient spouse’s education level. Often, the judge will order a career assessment to judge employability. The health and age of the parties.
For more information on Paying Child Support After Divorce In MN, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651) 796-3400 today.
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