Know Your Rights: Child Support in Minnesota
Both parents have a legal duty to support their children financially. If you are raising a child and need help, or if you are being asked to pay support, here is what you need to know.
Your Rights
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Child support is based on a formula, not a judge’s preference. Minnesota uses an “income shares” model that looks at both parents’ incomes to set the amount. The guidelines are in Minn. Stat. § 518A.35 .
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You can get help from your county at no cost. Every county has a child support office that can open a case, establish paternity, calculate support, and enforce orders for free.
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You have the right to request a DNA test. If paternity is disputed, the court will order a genetic test before requiring child support payments.
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Your employer cannot fire you for having a support order. It is illegal for an employer to terminate you because your wages are being withheld for child support.
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You can ask the court to change the amount. If your circumstances change significantly (job loss, income change, change in parenting time) or the current amount differs from the guidelines by at least 20%, you can request a modification under Minn. Stat. § 518A.39 .
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Support is calculated using gross income. The court looks at income before taxes, including wages, self-employment income, and other sources as defined in Minn. Stat. § 518A.26 .
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You cannot be jailed without a hearing. If you fall behind on payments, you have the right to appear before a judge before any contempt penalties are imposed.
What to Do
- Contact your county child support office first. They handle most cases at no cost to you and can do the paperwork.
- Gather your financial documents. Collect at least 3 months of pay stubs, 2 years of tax returns, health insurance costs, and childcare expenses.
- If you cannot pay, ask for a modification right away. File a motion with the court before you fall behind. Do not just stop paying.
- Keep records of all payments. Use the Minnesota Child Support Payment Center so there is an official record of every payment.
- File promptly. The court can order support going back to the date you filed, but not earlier.
Important Deadlines
| Deadline | What It Means |
|---|---|
| Age 18 (or 20) | Support generally continues until the child turns 18, or 20 if still in high school |
| Date of filing | Support can be ordered retroactively to the date you file your motion, so file promptly |
| 20% difference | You can request a modification if the current amount differs from the guidelines by at least 20% |
Get Help
Mid-Minnesota Legal Aid
Southern Minnesota Regional Legal Services
Volunteer Lawyers Network
LawHelpMN
For more detail: See our full guide on Child Support in Minnesota.