Changes to Child Support Based on Number of Overnights

Effective Aug. 1, 2018 Minnesota courts will start using a new parenting expense adjustment law when calculating child support.

July 2018 | Allison Rapp Fredrickson

If you have court ordered parenting time, the new parenting expense adjustment law change could affect your child support obligation. Under the current statute, the incomes of both parents and the number of children is used to calculate basic support.


The guidelines also include a parenting time expense adjustment that reduces basic support based on the percentage of time each parents spends with the children.There are only three ranges to choose from, under 10%, 10-45% or 45.1% and over.This creates the same obligation for parents who have four overnights as it does for parents who have 14 overnights.This was a point of contention in many custody and support cases and the legislature created the new law and calculator to be based on the exact number of overnights parents have in their court order.

The legislature based this new law on the fact that parents have greater expenses when they have the children and those expenses should be acknowledged in both homes, based on the number of overnights.

Child support orders will not be automatically adjusted once the new law is effective.The parent seeking a modification must file a motion to modify child support and the change in support must be at least $75.00 or higher or 20% higher or lower than the current order.

You can estimate the new amount of child support that the court may order by using the Minnesota Child Support Guidelines Calculator online. Or if you have any questions about how this change could affect your child support obligation, please contact us at 651.439.2878 to schedule a consultation with one of our family law attorneys.


ABOUT THE AUTHOR

Allison Rapp Fredrickson is a Family Law attorney at Eckberg Lammers. Allison is a compassionate advocate to individuals and families dealing with divorce and custody matters. She may be reached at 651-439-2878 or afredrickson@eckberglammers.com.

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