January 1, 2023 MN Child Support Law ChangesMINNESOTA DEPARTMENT OF HUMAN SERVICES WILL ENACT NEW CHILD SUPPORT GUIDELINES ON JANUARY 1STDecember 30, 2022New child support guidelines, effective January 1, 2023, will improve parity between parents and make it easier for them to support their families. While the updated guidelines will affect everyone who gets or modifies a court order for child support, the changes will likely have the most impact on families with lower incomes and families that include either parent’s child but not a child both parents had together. The 2021 legislation to change the guidelines was based on recommendations from the Minnesota Child Support Task Force to remedy known issues and increase fairness to parents, resulting in child support orders more tailored for individual situations. “These new child support guidelines better reflect the current costs to raise children and will result in child support orders that are more consistent for similarly-situated families,” said Assistant Commissioner Tikki Brown, Minnesota Department of Human Services. “More than two years of dedicated work by the parents, legislators, and child support professionals serving on the task force made this happen.” The new guidelines:
NEW CHILD SUPPORT GUIDELINES IN MINNESOTA STARTING IN 2023Winona Daily News - 12/30/2022 Dec. 30—New child support guidelines in Minnesota will begin starting Jan. 1. The new guidelines come with 2021 legislation based on recommendations from the Minnesota Child Support Task Force with the goal to fix issues and increase fairness to parents — resulting in child support orders more tailored to individual situations. The Minnesota Department of Human Services said the guidelines will include parity between parents and the ease to support their families. The changes will most likely have the most impact on families with lower incomes and families that include either parent's child but not a child both parents had together. "These new child support guidelines better reflect the current costs to raise children and will result in child support orders that are more consistent for similarly situated families," said Assistant Commissioner Tikki Brown of the Minnesota Department of Human Services. "More than two years of dedicated work by the parents, legislators, and child support professionals serving on the task force made this happen." The previously used guidelines were based on economic data from 20 years ago while the new ones taking effect in 2023 will be based on a basic support table incorporating more up-to-date economic data on the costs of raising a child. Along with providing new minimum support amounts, starting at $50 for one child with incremental increases of $10 per additional child, the new guidelines also incorporate a low-income adjustment for parents with combined incomes of $6,000 or less per month. This will help parents who make too much to pay minimum child support but have had child support orders that withhold a percentage of their income they can't afford, said the MnDHS. The guidelines also extend the cap on parents' combined incomes to $20,000 per month and assure that in families that include either parent's child but not a child both parents had together, the children are counted fairly for the purposes of income deductions. While courts order child support amounts — which include payment for expenses relating to child care, housing, food, clothing, transportation, and additional support for medical costs — the guidelines are used to set a child support amount by considering the incomes of both parents and the number of children. Paul Ellison , assistant Winona County attorney who oversees the child support program, said Winona County will need to see how these new guidelines impact cases moving forward to know their effect. "Using up-to-date economic data is important for promoting fairness and uniformity in child support orders," said Ellison. "Generally, the new guidelines have lower guideline support amounts for child support obligations, but this is not true in all circumstances. Changes in support amounts are not automatic and require a court order." from https://tarrant.tx.networkofcare.org/kids/news-article-detail.aspx?id=140621 Attorney Tricia Dwyer has been rated 'Superb' and 'Perfect Review' multiple years by Avvo
Coming Soon: Changes to Minnesota’s Child Support Rules In 2021, the Minnesota legislature modified the child support guidelines and removed interest charging requirements for child support judgments. This session will provide highlights of the changes that will occur in child support calculations beginning in January 2023, break down the child support guideline table updates, and explain the changes that stop the accrual of interest on child support arrears that became effective in August, 2022. – Melissa A. Rossow; State Court Administrator’s Office – Amy A. Anderson; Ramsey County Attorney’s Office https://www.minncle.org/seminar/1242712301 CHILD SUPPORT No Court Whenever Possible Full Agreement & Settlement, entirely out of court is possible Establish Child Support, Paternity, Petition Reduce child support End child support Increase child support One Lawyer is possible No mediation is possible No 'collaborative law' Emancipation of child No sheriff - no 'serving other with legal papers' whenever possible & appropriate
LEGAL QUESTIONS & ATTORNEY TRICIA DWYER'S ANSWERS: LEGAL QUESTION: My ex pays me $746 per month child support for our 18 y old and 11 y old. She told me it's half that now because our eldest turned age 18. Truth? ATTORNEY TRICIA DWYER'S ANSWER: Hello. A starting point is reading the child support Order itself. It is good you appear to know that your ex shouldn't be the one you turn to for legal advice.
Attorney Tricia Dwyer's answer: If I were to help you, I'd need to know fuller detail. For instance, is this some sort of restraining order action such as harassment or an OFP (Order for Protection petition)? If it's what's known as a 'motion', one first step is that I'd review the existing legal documents. Legal question: My ex won't share custody until our toddler turns age 4. Can I take my child to vacation in another state? Attorney Tricia Dwyer's answer: You seem to be stating there was a divorce, and a legal paper called a divorce decree; that decree is a court order (if not, it sounds as though otherwise there's a child custody order in place). If I were helping you, one starting point may be reviewing the divorce decree itself, because sometimes specific words about the child going out of the state of MN are included. Because you raise the question, you may have some special worries or concerns about it, so, if appropriate, of course please carefully choose one attorney you feel you can trust and have confidential legal advice. CHILD SUPPORT No Court Whenever Possible Full Agreement & Settlement Establish Child Support, Paternity, Petition Reduce child support End child support Increase child support One Lawyer No mediation No 'collaborative law' Emancipation of child No 'serving spouse with legal papers' LEGAL QUESTIONS & ATTORNEY DWYER'S ANSWERS: Legal question: I am single mom of a 4 y old. The bio' dad smokes cigs' & I think he's a marijuana dealer. Bio' dad told me he's going to get custody; what's truth? Attorney Tricia Dwyer's answer: Hello. General principles are that unmarried/single mothers, by law, are Mom/parent of a child born to them; in other words, a single mom who gives birth does not have to 'prove' she's the mom. However, unmarried men's legal rights are not 'automatic' or 'presumed', but, rather, are determined through law. Some unmarried dads live with their child & provide financial (and other) support. If unmarried parents live apart, often child support happens through the MN courts, and is decided by either a Child Support Magistrate, a Court Referee or a Judge. When custody and parenting time, or visitation (supervised or unsupervised), is in issue the question is always about what is best for this child, i.e., what serves the best interest of this tot/baby/kid. Based on what you described, it sounds as though it is not helpful to YOU to be communicating with this person now; YOU are single parent, single mom, and it's best for YOU and your kid/kids that you have as low stress a daily life as possible. I suggest you consider having formal legal advice from an attorney whom you choose - if I were helping you, I'd learn fuller facts of the situation from you, and then, just as I'd want if I asked you to help me, I'd tell you straight up what seems best for you and your family. In my own work I will provide reduced fee for need. Another option is you 'wait and see', but IMO that's not the best option of the two. Take care! Add To FavoritesNEW CHILD SUPPORT GUIDELINES IN MINNESOTA STARTING IN 2023Winona Daily News - 12/30/2022 Dec. 30—New child support guidelines in Minnesota will begin starting Jan. 1. The new guidelines come with 2021 legislation based on recommendations from the Minnesota Child Support Task Force with the goal to fix issues and increase fairness to parents — resulting in child support orders more tailored to individual situations. The Minnesota Department of Human Services said the guidelines will include parity between parents and the ease to support their families. The changes will most likely have the most impact on families with lower incomes and families that include either parent's child but not a child both parents had together. "These new child support guidelines better reflect the current costs to raise children and will result in child support orders that are more consistent for similarly situated families," said Assistant Commissioner Tikki Brown of the Minnesota Department of Human Services. "More than two years of dedicated work by the parents, legislators, and child support professionals serving on the task force made this happen." The previously used guidelines were based on economic data from 20 years ago while the new ones taking effect in 2023 will be based on a basic support table incorporating more up-to-date economic data on the costs of raising a child. Along with providing new minimum support amounts, starting at $50 for one child with incremental increases of $10 per additional child, the new guidelines also incorporate a low-income adjustment for parents with combined incomes of $6,000 or less per month. This will help parents who make too much to pay minimum child support but have had child support orders that withhold a percentage of their income they can't afford, said the MnDHS. The guidelines also extend the cap on parents' combined incomes to $20,000 per month and assure that in families that include either parent's child but not a child both parents had together, the children are counted fairly for the purposes of income deductions. While courts order child support amounts — which include payment for expenses relating to child care, housing, food, clothing, transportation, and additional support for medical costs — the guidelines are used to set a child support amount by considering the incomes of both parents and the number of children. Paul Ellison , assistant Winona County attorney who oversees the child support program, said Winona County will need to see how these new guidelines impact cases moving forward to know their effect. "Using up-to-date economic data is important for promoting fairness and uniformity in child support orders," said Ellison. "Generally, the new guidelines have lower guideline support amounts for child support obligations, but this is not true in all circumstances. Changes in support amounts are not automatic and require a court order." LEGAL QUESTIONS & ATTORNEY TRICIA DWYER'S ANSWERS: LEGAL QUESTION: I live alone with my 13 month old. The dad is in Florida; the dad has seen our child for literally maybe 7 minutes, and I paid for me to fly down there and stay in a hotel. He wants me to fly to meet his parents next, in Virginia. No child support. ? ATTORNEY TRICIA DWYER'S ANSWER: Hello. I hope you have some help with this. You stated you're a single parent of a very young toddler. It's very important that you have your life stress kept as low as possible - being a parent is an incredibly time consuming and stressful task. It sounds as though it's possible you're the sort of person who tries to 'take care of everyone' - just a thought which you should of course disregard if incorrect. You also wrote of you paying many items out of your own pocket; if I were assisting you, I'd talk more about that with you. I feel utmost compassion for you; you are tenderly caring for your child single handedly. I absolutely support you in setting down rules onto paper; from what you described, if I were helping you, I'd do my utmost to be clear, plain and unambiguous and protect you and your baby. Take care. |
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