The Ups and Downs of Child Support…
Our society is moving away from the traditional nuclear family providing one home for children. According to the U.S. Census Bureau in 2007, 47% of parents that were owed child support received the entire amount, 30% received a portion of the full amount owed, and almost a quarter of parents received none of the child support due to them. Over $34 billion was owed in child support and $21 billion of it was paid.
Child support can be the source of a great acrimony between parents of a joint child. The parent paring support feels as though they are paying too much or the money is not being spent right. The parent receiving supports often feels it is not enough or the other parent is getting off easy. These tensions can be played out in front of the child and cause undue stress upon an innocent child. No child support or custody issue should EVER be discussed with or in front of a child, EVER. The child should be oblivious to any of these discussions.
In 2007, the Minnesota legislature drastically changed the child support laws. The changes were meant to take both parents’ income into consideration and equitably divide the child’s expenses. But before child support can be established, the paternity of the child must be determined. When a couple is married when the child is born, the husband is legally assumed the father, but that can be challenged if the alleges an extra-marital affair. If the couple is not married, the alleged father may deny paternity whereby a trial is held to determine the legal father. Once paternity is established, the gross incomes of both parents are determined. If a parent is not working, the previous year’s tax returns are considered. A judge can also impute income, which means a person’s skills are considered and a full-time wage is assumed. This can happen when a person becomes voluntarily unemployed by quitting a job or being fired. From this, the court will determine the level of child support available by adding the two incomes and splitting it proportionally between the parents. Other considerations, such as parenting time, extraordinary expenses of the parents or the child, health coverage, and childcare, will be considered.
Modifying an existing child support order can only happen if a substantial change in circumstances has occurred, such as an increase or decrease in the gross income of one parent, a substantial change in the needs of the child, public assistance is received, an increase or decrease in medical or childcare costs, emancipation, or changed parenting arrangement. If the court grants a modification, that modification only takes affect from the date of the filing of the modification motion. Any previous unpaid child support remains due.
It is critical to understand that a motion MUST be made to the court in order to modify child support. Agreements between parents do not change child support and unpaid child support could constitute an arrearage that must be paid if the other parent moves the court for those arrearages. The enforcement mechanisms to get arrearages are highly onerous, such as driver’s, recreational, or occupational license suspension. Moreover, it is a crime to not pay child support and the obligor could end up incarcerated, although this is rare. On top of all that, interest and penalties can accrue. Child support is not dischargeable in bankruptcy, so at some point, it will be paid, even by way of social security garnishments. Therefore, PAY YOUR CHILD SUPPORT OR ACT QUICKLY WHEN YOU BELIEVE IT SHOULD BE CHANGED!
