Child Support in Minnesota

Overview

Both parents have a legal duty to support their children financially. Child support is money one parent pays to the other to help cover the costs of raising a child. Minnesota’s child support law is found in Chapter 518A, starting at Minn. Stat. § 518A.26 .

Minnesota uses an income shares model. This means the court looks at both parents’ incomes to figure out the right amount. The idea is that the child should receive the same share of the parents’ income they would have received if the family were still together.

Child support typically covers:

• Basic needs (food, clothing, housing)
• Medical support (health insurance and unreimbursed medical costs)
• Childcare support (daycare and after-school care costs)

Do I Have a Case?

You can seek child support if:

• You are the custodial parent (the child lives primarily with you)
• You share joint physical custody but have a lower income
• You are a legal guardian or caretaker of the child

Child support can be part of a divorce, a custody case, or a standalone action. If the parents were never married, paternity must be established first (by a Recognition of Parentage or a court order).

Step-by-Step Process

Step 1: Gather financial information

Both parents will need to provide financial details. Gather the following:

• Recent pay stubs (at least 3 months)
• Tax returns from the last 2 years
• Information about health insurance costs
• Childcare expenses
• Other income (rental income, self-employment, investments)

The court uses gross income (before taxes) to calculate support. See Minn. Stat. § 518A.26 for the definition of income.

Step 2: Calculate the estimated amount

Minnesota has child support guidelines that set the basic amount based on both parents’ combined income and the number of children. You can estimate the amount using the child support calculator on the Minnesota Department of Human Services website. The guidelines are set out in Minn. Stat. § 518A.35 .

The court can deviate from the guidelines if applying them would be unfair. Reasons for deviation include a child’s special medical needs, a parent’s extraordinary expenses, or other factors.

Step 3: File a motion or petition

You can request child support through:

• Your county child support office – They will open a case and handle much of the process for you. This is free.
• A court petition – File directly in district court if you want more control over the process. The filing fee is about $310 (fee waiver available).

If you are already in a divorce or custody case, you can add a child support request to that case.

Step 4: Attend the hearing

Both parents will appear before a judge or child support magistrate. Bring all your financial documents. The judge will review both incomes, the parenting time schedule, and any special expenses. The judge will then set the support amount using the guidelines under Minn. Stat. § 518A.34 .

Step 5: Make or receive payments

Most child support payments in Minnesota go through Minnesota Child Support Payment Center. Payments are often taken directly from the paying parent’s paycheck through an income withholding order. This is automatic and helps ensure payments are made on time.

Key Deadlines

• Duration: Child support generally continues until the child turns 18 (or 20 if still in high school).
• Modification: You can request a change if there has been a substantial change in circumstances or if the current amount differs from the guidelines by at least 20%. See Minn. Stat. § 518A.39 .
• Retroactive support: The court can order support going back to the date the petition was filed, so file promptly.

Costs & Fees

Item	Estimated Cost
County child support office	Free
Court filing fee	~$310
Fee waiver	Free (if you qualify)
Attorney fees (if hired)	$1,500 – $5,000+

When to Get a Lawyer

Many child support cases are handled through the county child support office at no cost. However, you may want a lawyer if:

• You are self-employed and your income is hard to calculate
• You believe the other parent is hiding income
• You need to modify an existing order and expect a dispute
• The case involves complex financial issues (business income, multiple jobs, significant assets)
• The other parent has a lawyer and you do not

Related Guides

Getting Divorced in Minnesota

A plain-language guide to the divorce process in Minnesota. Learn the steps, costs, timelines, and where to get help with your divorce.

Child Custody in Minnesota

A plain-language guide to child custody in Minnesota. Learn about legal and physical custody, how courts decide, and how to file for custody.

Orders for Protection (OFP) in Minnesota

How to get an Order for Protection in Minnesota. A plain-language guide to the OFP process, requirements, and what to expect.

Where to Get Help

• County child support office: Every county has one. They can open a case, establish paternity, and enforce orders at no cost to you. Find yours at the MN Dept. of Human Services.
• Child support calculator: The MN Department of Human Services provides a free online calculator to estimate payments.
• Court self-help centers: Available at most courthouses to help with forms and procedures.

Frequently Asked Questions

How is the support amount calculated? The court combines both parents’ gross incomes, looks up the guideline amount in the statutory table ( Minn. Stat. § 518A.35 ), and splits it between the parents based on their share of the combined income. The parenting time schedule also affects the amount.

Can child support be modified? Yes. Either parent can ask the court to change the amount if circumstances have changed substantially (job loss, significant income change, change in parenting time). The change usually takes effect from the date you file the motion.

What if the other parent will not pay? Contact your county child support office. They have enforcement tools including wage garnishment, tax intercepts, license suspension, and contempt of court proceedings.

Does child support cover college? No. Minnesota law does not require parents to pay for college through child support. However, parents can agree to share college costs in their divorce decree or custody order.

What if I am not sure the child is mine? You have the right to request a genetic (DNA) test before the court can order you to pay child support. The court will order a test if paternity is disputed.