During a divorce, issues of child custody are often the most important topics for the parties.
Every parent wants what is best for their children, but raising children is expensive. Sorting out a fair way to arrange child support and parenting time can be hard.
In Minnesota, the court uses a specific formula to determine child support. The calculation takes both parents’ incomes into account, as well as some other expenses, such as whether one of the parents is already under an order to pay child support for another child. One factor that is weighed in determining child support is the amount of parenting time each parent will have after the divorce. In essence, the less time the non-custodial parent has with the child, the higher the child support obligation will be. However, it is increasingly common for parties to agree on sharing parenting time equally. Equal parenting time has an impact on child support.
While your diyvorce is intended to keep you out of court, it can help guide your discussions to know what state law says about these subjects.
Minnesota 518A.36 clearly states that if parents have equal parenting time and equal incomes, the court will not enter an order for child support. However, the court can still order child support in this case if the judge determines that the child’s expenses are not being shared equally between the parties.
If the parties do not have the same income, a court can enter an order for child support. The reasoning is that if the parents had continued to reside together, the parent making more money would contribute a higher percentage of the total financial support provided for the child. Child support is meant to keep that apportionment as closely as possible, even though the parties have chosen to live apart. For example, if one parent makes 70% of the household income and the other party makes 30%, child support is designed to make sure that the parent making 70% continues to provide 70% of the financial support for the child. This will be true even if the parties have equal parenting time, although the child support will be lower than other child support orders, as the calculation takes parenting time into account.
If you have questions about child support, contact diyvorce for guidance and resources.
Deciding to get a divorce is hard.
And then it seems to just get harder. But it doesn’t have to be that way anymore.
DIYvorce was created by Minnesota divorce attorneys who know that people need a path to their divorce that doesn’t require thousands of dollars and months of fighting. But they also need to know their divorce is done correctly, and that it resolves the couple’s disagreements.
DIYvorce is an easy-to-use path for for couples who are ending their marriage:
You work through a secure online interview to gather information.
You get helpful information about issues to consider as you work out how to legally part.
You have the opportunity to consult with legal professionals along the way. Your questions will be answered and you can be confident about your final divorce and the documents.