Monday February 19, 2018

FAMILY LAW: Changes to Child Support Laws.

There were some interesting changes to the Minnesota child support laws after the 2015 state legislative session concluded.  These changes become effective throughout the next two years.  For example:

Effective March 1, 2015, the presumption that a primary physical custodian does not pay support was removed clearing the way for a physical custodian to pay support to the non-custodial parent.

Effective August 1, 2015, courts may allocate income tax dependency exemptions under certain conditions and require parties to execute releases to allow the other party to claim the exemption.  Also, courts can use an agreed upon alternative date as an effective date regarding support modification prior to the date of service of the motion, parties must provide complete (not just most recent) tax returns for income verification, and the presumption as to what constitutes appropriate comprehensive health care coverage was clarified.

Effective January 1, 2016, courts can modify medical support obligations and determine child dependency tax credits without modifying other support obligations in certain circumstances, what information is necessary in pleadings for medical support modification was clarified, and the failure to carry out court-ordered coverage is a basis for modification of medical support.

Effective March 1, 2016, the third option to determine the potential income of an obligor was changed from 150% of the minimum wage at 40 hours per week to only 100% of minimum wage at 30 hours per week, and parties may bring medical only modification support motions.

Child support matters can be an important part of the overall custody arrangements regarding your child(ren).  You may need learned counsel to address or modify child support under these new laws.  We can advise and assist you to establish a fair child support obligation.  Let us know if we can help you.

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