Subdivision 1. Ability to pay. (a) It is a rebuttable presumption that a child support order should not exceed the obligor's ability to pay. To determine the amount of child support the obligor has the ability to pay, the court shall follow the procedure set out in this section.
(b) The court shall calculate the obligor's income available for support by subtracting a monthly self-support reserve equal to 120 percent of the federal poverty guidelines for one person from the obligor's parental income for determining child support (PICS). If the obligor's income available for support calculated under this paragraph is equal to or greater than the obligor's support obligation calculated under section 518A.34, the court shall order child support under section 518A.34.
(c) If the obligor's income available for support calculated under paragraph (b) is more than the minimum support amount under subdivision 2, but less than the guideline amount under section 518A.34, then the court shall apply a reduction to the child support obligation in the following order, until the support order is equal to the obligor's income available for support:
(1) medical support obligation;
(2) child care support obligation; and
(3) basic support obligation.
(d) If the obligor's income available for support calculated under paragraph (b) is equal to or less than the minimum support amount under subdivision 2 or if the obligor's gross income is less than 120 percent of the federal poverty guidelines for one person, the minimum support amount under subdivision 2 applies.
Subd. 2. Minimum basic support amount. (a) If the basic support amount applies, the court must order the following amount as the minimum basic support obligation:
(1) for one child, the obligor's basic support obligation is $50 per month;
(2) for two children, the obligor's basic support obligation is $60 per month;
(3) for three children, the obligor's basic support obligation is $70 per month;
(4) for four children, the obligor's basic support obligation is $80 per month;
(5) for five children, the obligor's basic support obligation is $90 per month; and
(6) for six or more children, the obligor's basic support obligation is $100 per month.
(b) If the court orders the obligor to pay the minimum basic support amount under this subdivision, the obligor is presumed unable to pay child care support and medical support.
Subd. 3. Exception. (a) This section does not apply to an obligor who is incarcerated.
(b) If the court finds the obligor receives no income and completely lacks the ability to earn income, the minimum basic support amount under this subdivision does not apply.
(c) If the obligor's basic support amount is reduced below the minimum basic support amount due to the application of the parenting expense adjustment, the minimum basic support amount under this subdivision does not apply and the lesser amount is the guideline basic support.
2005 c 164 s 25,29; 1Sp2005 c 7 s 26,28; 2006 c 280 s 41; 2021 c 30 art 10 s 69
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.