Child Support, Spousal Maintenance, and Property Division

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Child Support, Spousal Maintenance, and Property Division

Use this interview guide for an overview of child support, spousal maintenance, and property division.

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Child Support

1. Child Support

See Minn. Stat. 518A.34.

Minnesota Child Support Calculator

Access it here: https://childsupportcalculator.dhs.state.mn.us/

Gross Income

Includes any form of periodic payment to an individual, including, but not limited to, salaries, wages, commissions, self-employment income, workers’ compensation, unemployment benefits, annuity payments, military and naval retirement pension and disability payments, spousal maintenance received under a previous order or the current proceeding, social security or veterans benefits provided for a joint child and, “potential income.”

a. Does not include:

i. Compensation in excess of 40 hours per week;

ii. The income of the obligor’s spouse and the obligee’s spouse;

iii. Public assistance benefits.

See Minn. Stat. 518A.29.

Parenting Expense Adjustment

The obligor is entitled to a parenting time expense adjustment for parenting time allowed to the obligor. The amount of the adjustment is based on the percentage of parenting time allowed, and is determined under the following statutory table:

i. If the parenting time allowed to the obligor is less than 10 percent, no adjustment is allowed;

ii. If the parenting time is 10 percent to 45 percent, a 12 percent adjustment is allowed; and

iii. If the parenting time is 45.1 to 50 percent, it is presumed that the parenting time is equal.

See Minn. Stat. 518A.36.

Child Care Costs

Minnesota statute provides that unless otherwise agreed to by the parties and approved by the court, the court must order that work-related or education-related child care costs of joint children be divided between the obligor and oblige based on their proportionate share of their combined monthly parental income for determining child support (PICS).

See Minn. Stat. 518A.40.

Duration of Support Obligation

The court has authority to order child support for:

a. An unemancipated child who is under eighteen years of age,

b. An unemancipated child who is attending secondary school and is under the age of twenty, or

c. An individual who is unable to support himself or herself because of physical or mental condition.

See Minn. Stat. 518A.26, subd. 5.

Modification for Increase Cost of Living

Every order or decree for child support must provide for a biennial adjustment in child support, based on a change in the cost of living.

See Minn. Stat. 518A.75.

Modification of Child Support

A modification must be based on a showing that the terms of the order are unreasonable and unfair because of one or more of the following eight factors:

i. Substantially increased or decreased earnings of an obliger of obligee;

ii. Substantially increased or decreased need of an obliger or obligee;

iii. Receipt of public assistance;

iv. A change in the cost of living for either party as measured by the federal bureau of labor statistics;

v. Extraordinary medical expenses of the child not provided for under section 518A.41;

vi. A change in the availability of appropriate health care coverage or a substantial increase or decrease in health care coverage costs;

vii. The addition of work-related or education-related child care expenses of the oblige or a substantial increase or decrease in existing work-related or education-related child care expenses; or

viii. The emancipation of the child.

See Minn. Stat. 518A.39.

Retroactivity of Child Support Order

The Supreme Court has held that the obligation to support a child commences with the birth of the child, and that a support order may be made retroactive to that time. The Supreme Court has held that the obligation to support a child commences with the birth of the child, and that a support order may be made retroactive to that time.

Spousal Maintenance

2. Spousal Maintenance

Statutory Basis

The court has authority to order one spouse to pay maintenance to the other if it makes either of the following two findings respective to the spouse seeking maintenance:

a. Considering the standard of living established during the marriage, the spouse seeking maintenance lacks sufficient property, including marital property apportioned to him or her, to provide for reasonable needs, especially during but not limited to a period of training or education; or

b. After considering the standard of living established during the marriage and all relevant circumstances, the spouse seeking maintenance is unable to provide adequate self-support through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

c. Once it’s determined maintenance will be awarded, the court must consider all relevant factors to determine the amount and duration of the maintenance:

i. The financial resources of the spouse seeking maintenance, including marital property apportioned to that spouse, and his or her ability to meet his or her needs independently, including the extent to which a provision for support of a child living with the spouse includes a sum for that spouse as custodian;

ii. The time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find appropriate employment and the probability, given the spouse’s age and skills, of completing education or training and becoming fully self-supporting;

iii. The standard of living established during the marriage;

iv. The duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills or experience have become outmoded and earning capacity has become permanently diminished.

v. The loss of earnings, seniority, retirement benefits, and other employment opportunities foregone by the spouse seeking spousal maintenance;

vi. The age and physical and emotional condition of the spouse seeking maintenance;

vii. The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance; and

viii. The contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property, as well as the contribution of the spouse as homemaker.

See Minn. Stat. 518.003.

Duration and Amount

There are no guidelines to set an amount like there is for child support. Trial courts have wide discretion in maintenance decisions regarding duration and amount, and will only be reversed if discretion is abused.

Modification

Either party may from time to time make a motion to modify an order respecting the amount of maintenance. An extension of the duration of a temporary maintenance award constitutes a modification of the award. A modification of a spousal maintenance order must be based on a showing that the order is unreasonable and unfair by reason of one of the following factors:

a. Substantially increased or decreased earnings of a party;

b. Substantially increased or decreased needs of a party;

c. Receipt of public assistance; or

d. A change in the cost of living of either party as measured by the federal bureau of statistics.

Property Division

3. Property Division

Marital and Nonmarital Property

Marital: all real or personal property, including vested pension benefits for rights, that the parties, either separately or together, acquired any time during their marriage relationship. There is a presumption that property is marital.

Nonmarital: is real or personal property that falls into any of the following categories:

i. Property acquired as a gift, bequest, devise, or inheritance made by a third party to one but not the other spouse;

ii. Property acquired before the marriage;

iii. Property acquired by a spouse after the valuation date;

iv. Property excluded by a valid antenuptial contract;

v. Property acquired in exchange for nonmarital property; or

vi. The increase in value of nonmarital property.

Division of Marital Property

The court must make a just and equitable divison of the marital properties of the parties to a proceeding for annulment, dissolution of marriage, or disposition property following a dissolution of marriage. The court will consider the following statutory factors:

a. Length of marriage;

b. Any prior marriage of a party;

c. Age of each party;

d. Health of each party;

e. Station and occupation of each party;

f. Amount and sources of income of each party;

g. Vocational skills and employability of each party;

h. Estate of each party;

i. Liabilities and needs of each party;

j. Opportunity for future acquisition of capital assets and income of each party;

k. Contribution of each party in the acquisition, preservation, depreciation, or appreciation in the amount or value of the marital property; and

l. Contribution of a party as a homemaker.

Division of Nonmarital Property

Usually a court will not divide nonmarital property, but may if the court find that the party’s resources and property, including the share of marital property, are so inadequate as to work and unfair hardship. The court will consider the following statutory factors: