Laws About Child Support and Visitation in the State of Minnesota

By Elizabeth Rayne

In Minnesota, the court presumes that it is in the best interest of the child to spend time with both of her parents and receive the same amount of financial support she received before her parents divorced. So long as your child spends at least 10 percent of her time with you, courts in Minnesota may lower your child support obligation.

Custody Overview

Minnesota courts may award physical or legal custody to either or both parents. Physical custody refers to where the child lives and which parent makes day-to-day decisions for the child. Legal custody refers to which parent makes major decisions for the child, such as issues regarding health care, education or religion. The court may award joint physical or legal custody to both parents, sole legal or physical custody to one parent, or both. The court will determine the custody arrangement based on what is in the best interest of the child and consider any relevant evidence that may suggest one parent is more fit to take care of the child than the other.

Parenting Time

Minnesota law refers to visitation as "parenting time." Generally, the parent who does not have physical custody is awarded parenting time if the court finds it is in the best interest of the child. The court may set a specific schedule for when the non-custodial parent will have time with his child. The court is likely to grant parenting time when requested, unless the court finds that the child's emotional or physical health is at risk. However, the court also has the option of ordering supervised visitation and have someone else present during parenting time.

Protect your loved ones. Start My Estate Plan

Child Support Overview

In Minnesota, the child is entitled to receive financial support from both parents. The state uses the "income shares formula," meaning the court will consider the income and income potential of both parents. In the state, there is a presumption that both parents are able to work and the court will consider education, training and other evidence that demonstrates the income potential of each parent. The court will look at the combined income of the parents to determine the basic support amount based on the number of children. The court will then consider the percentage each parent contributes to this combined parental income to determine each parent's support obligation. If the support obligation from one parent is higher than the support obligation of the other, he may be ordered to pay the difference to the other parent. After determining the basic support amount, which provides for the basic living and education expenses of the child, the court can adjust the child support obligation to add in medical care and child care expenses.

Support and Visitation

The basic support determination may be adjusted based on parenting time, with the court considering the percentage of time the child spends with each parent. If the child spends between 10 to 45 percent of his time with one parent, that parent's child support obligation may be reduced by 12 percent. However, if the child spends less than 10 percent of his time with the paying parent, the child support obligation will not be adjusted. The court will generally calculate the percentage of time spent with each parent based on the number of overnights per year.

Protect your loved ones. Start My Estate Plan
Massachusetts' Child Support Laws
 

References

Related articles

North Carolina Laws on Primary Custody and Average Child Support

While a divorce is a momentous change in the life of both parents and their children, North Carolina courts attempt to maintain some continuity when awarding child support. Ideally, a child support award provides children with the same support and lifestyle they had before their parents separated. With this in mind, courts will consider the income of each parent as well as which parent has primary custody of the children. The support payment is based not only on the ability of each parent to pay support, but also the needs of the children.

Illinois Divorce Laws With Child Support, Custody & Visitation Rights

Some of Illinois’s divorce laws regarding children have been in place since the mid-1980s. Society has changed a great deal since then, but Illinois has been somewhat slow to adapt its legislation to keep up with the times. In some respects, the state's guidelines regarding custody, visitation and child support lag behind the rest of the nation. This makes them simpler to understand, but they may not always be fair.

Grandparents Custody Rights in Michigan

Under Michigan law, grandparents are not awarded custody of a grandchild unless the court determines the parents are unfit to care for the child. In circumstances where grandparents are not awarded custody, the court may still enter an order for visitation with the grandparents, known as grandparenting time. Michigan's Child Custody Act dictates the particular circumstances when a grandparent may ask the court for grandparenting time and indicates what the grandparent must prove to receive it.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help. Wills & Trusts

Related articles

Paternal Visitation & Custody Rights in Michigan

A Michigan father has custodial and visitation rights as awarded by the court. State law doesn't use gender as a factor ...

How Does Child Support Work With Joint Custody?

Child support is governed by state laws and varies depending on where you live. In all states, one of the factors that ...

Divorce & Joint Custody Laws in Kentucky

Joint custody is not defined in Kentucky law. However, as in all states, Kentucky's Revised Statutes provide the ...

Split Custody & Child Support

Although courts generally want to keep children together after a divorce, different types of custody arrangements work ...

Browse by category
Ready to Begin? GET STARTED