Subdivision 1. Determination of support obligation. (a) The guideline in this section is a rebuttable presumption and shall be used in any judicial or administrative proceeding to establish or modify a support obligation under this chapter.
(b) The basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children and the combined parental income for determining child support of the parents.
(c) If a child is not in the custody of either parent and a support order is sought against one or both parents, the basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children, and the parent's individual parental income for determining child support, not the combined parental incomes for determining child support of the parents. Unless a parent has court-ordered parenting time, the parenting expense adjustment formula under section 518A.34 must not be applied.
(d) If a child is not residing with the parent that has court-ordered or statutory custody and a support order is sought under section 256.87 against one or both parents, the basic support obligation must be determined by referencing the guideline for the appropriate number of joint children and the parent's individual income without application of the parenting expense adjustment formula under section 518A.34.
(e) For combined parental incomes for determining child support exceeding $20,000 per month, the presumed basic child support obligations shall be as for parents with combined parental income for determining child support of $20,000 per month. A basic child support obligation in excess of this level may be demonstrated for those reasons set forth in section 518A.43.
Subd. 2. Basic support; guideline. Unless otherwise agreed to by the parents and approved by the court, when establishing basic support, the court must order that basic support be divided between the parents based on their proportionate share of the parents' combined monthly parental income for determining child support (PICS). Basic support must be computed using the following guideline:
(a) The basic support obligation for parents with a combined parental income for determining child support in excess of the income limit under subdivision 2 must be the same dollar amount as provided for the parties with a combined parental income for determining child support equal to the income limit under subdivision 2.
(b) A court may order a basic support obligation in a child support order in an amount that exceeds the income limit in subdivision 2 if it finds that a child has a disability or other substantial, demonstrated need for the additional support for those reasons set forth in section 518A.43 and that the additional support will directly benefit the child.
Subd. 4. More than six children. If a child support proceeding involves more than six children, the court may derive a support order without specifically following the guidelines. However, the court must consider the basic principles encompassed by the guidelines and must consider both parents' needs, resources, and circumstances.
2005 c 164 s 26,29; 1Sp2005 c 7 s 27,28; 2006 c 280 s 42; 2007 c 54 art 5 s 15; 2016 c 189 art 15 s 19; 2021 c 30 art 10 s 64,65
Structure Minnesota Statutes
Chapters 517 - 519A — Domestic Relations
Section 518A.26 — Definitions.
Section 518A.27 — Maintenance Or Support Money.
Section 518A.28 — Providing Income Information.
Section 518A.29 — Calculation Of Gross Income.
Section 518A.30 — Income From Self-employment Or Operation Of A Business.
Section 518A.31 — Social Security Or Veterans' Benefit Payments Received On Behalf Of The Child.
Section 518A.32 — Potential Income.
Section 518A.33 — Deduction From Income For Nonjoint Children.
Section 518A.34 — Computation Of Child Support Obligations.
Section 518A.35 — Guideline Used In Child Support Determinations.
Section 518A.36 — Parenting Expense Adjustment.
Section 518A.37 — Written Findings.
Section 518A.38 — Minor Children; Support.
Section 518A.39 — Modification Of Orders Or Decrees.
Section 518A.40 — Child Care Support.
Section 518A.41 — Medical Support.
Section 518A.42 — Ability To Pay; Self-support Adjustment.
Section 518A.43 — Deviations From Child Support Guidelines.
Section 518A.44 — Notice To Public Authority.
Section 518A.45 — Failure Of Notice.
Section 518A.47 — Provision Of Legal Services By The Public Authority.
Section 518A.48 — Sufficiency Of Notice.
Section 518A.49 — Assignment Of Rights; Judgment.
Section 518A.50 — Payment To Public Agency.
Section 518A.51 — Fees For Iv-d Services.
Section 518A.52 — Overpayments.
Section 518A.53 — Income Withholding.
Section 518A.54 — Child Support Payment Center; Definitions.
Section 518A.55 — Central Collections Unit.
Section 518A.56 — Mandatory Payment Of Obligations To Central Collections Unit.
Section 518A.57 — Notice Of Order.
Section 518A.58 — Escrow Account; Child Support; Maintenance Obligation.
Section 518A.59 — Notice Of Interest On Late Child Support.
Section 518A.60 — Collection; Arrears Only.
Section 518A.61 — Collection; Revenue Recapture.
Section 518A.62 — Child Support Debt And Arrearage Management.
Section 518A.64 — Administrative Seek Employment Orders.
Section 518A.65 — Driver's License Suspension.
Section 518A.66 — Occupational License Suspension.
Section 518A.67 — Motor Vehicle Lien.
Section 518A.68 — Recreational License Suspension.
Section 518A.685 — Consumer Reporting Agency; Reporting Arrears.
Section 518A.69 — Payment Agreements.
Section 518A.70 — Data On Suspensions For Support Arrears.
Section 518A.71 — Security; Sequestration; Contempt.
Section 518A.72 — Contempt Proceedings For Nonpayment Of Support.
Section 518A.73 — Employer Contempt.
Section 518A.735 — Enforcement Of Child Support.
Section 518A.74 — Publication Of Names Of Delinquent Child Support Obligors.
Section 518A.75 — Cost-of-living Adjustments In Maintenance Or Child Support Order.
Section 518A.76 — Case Reviewer.