Parenting expense adjustment

Effective Aug. 1, 2018 Minnesota courts will start using a new parenting expense adjustment law when calculating child support

If you have court-ordered parenting time with your child, this new law may impact you!

Minnesota courts use the child support guidelines in the law to set a child support amount by considering the incomes of both parents and the number of joint children. The guidelines include a parenting expense adjustment that reduces the basic child support to offset the costs of caring for the children during parenting time.

Starting Aug. 1, 2018, the new parenting expense adjustment law changes how courts adjust the basic child support amount for parenting time expenses, based on the number of overnights parents have in their court order. Parenting time expenses include the costs of caring for a child, like food, transportation, and clothing, during parenting time.

The new adjustment law only affects parents with court-ordered parenting time. Child support orders will not change automatically because of this new law.

The goals of the new law are to:

Reduce conflict between parents over parenting time
Acknowledge that more parenting time means higher expenses for parents who pay support
Recognize a child's need to have the "basics" in both homes

If you want more information, read the FAQ: Child Support Parenting Expense Adjustment Law document in the Department of Human Services eDocs library or click on the links below.

If you've received the Department of Human Services "My 2018-2019 Coloring Calendar with Stickers - A kid's guide to shared family time" we'd love to hear what you and your kids think about it. Please send us an email with your feedback at DHS.MNCSKidsCalendar@state.mn.us.

Parenting expense adjustment - background
Minnesota's parenting expense adjustment history
- Prior to 2007, Minnesota statutes did not include a parenting expense adjustment. Before 2007, courts determined child support based on a percentage of the non-custodial parent's net income and the number of joint children. The courts did not consider the custodial parent's income.
- Starting in 2007, Minnesota courts started using the Parental Income for Child Support (PICS) which included BOTH parent's gross income and the number of joint children. Minnesota's child support guidelines also included three levels of a parenting expense adjustment based on parenting time for child support calculations:
  - Under 10 percent parenting time = No adjustment to guidelines support
  - 10 - 45 percent parenting time = 12 percent reduction to guidelines support
  - 45.1 - 50 percent parenting time = Equal parenting time formula
- These levels created abrupt changes in child support obligations between 9.9 - 10 percent and 45 - 45.1 percent parenting time sometimes referred to as "the cliffs".
- In 2016, Gov. Mark Dayton signs legislation changing the formula for determining a parenting expense adjustment effective Aug. 1, 2018. The new formula increases the adjustment for each overnight parents spend with their children and eliminates "the cliffs".
- For example, if Pat, the noncustodial parent earns $3,000 per month and Chris, the custodial parent, earns $2,000 per month and they have one child together. If the court order for parenting time says:
  - Pat has the child for 95 nights a year, the obligation under the parenting expense adjustment effective prior to Aug. 1, 2018 is $439 per month; under the adjustment effective Aug. 1, 2018, Pat would pay $464 per month
  - Pat has the child for 161 nights a year, the obligation under the parenting expense adjusmtne effective prior to Aug. 1, 2018 is $439 per month; under the adjustment effective Aug. 1, 2018, Pat would pay $225 per month
  - Pat has the child for 163 nights a year, the obligation under the parenting expense adjustment effective prior to Aug. 1, 2018 is $125 per month; under the adjustment effective Aug. 1, 2018, Pat would pay $212 per month
- Notice, using the adjustment effective Aug. 1, 2018, Pat's monthly obligation went up in two scenarios and down in the other. Applying the new formula could result in a higher monthly obligation.
Frequently asked questions about the new parenting expense adjustment law

Parenting Expense Adjustment - Frequently Asked Questions

Q: How do Minnesota courts determine child support?

A: The courts use the guidelines in Minnesota law to set child support by considering the incomes of both parents and the number of joint children.

Q: What is a parenting expense adjustment?

A: A parenting expense adjustment reduces basic child support to offset the costs of caring for the children during parenting time.

Q: What are the changes to the law?

A: Starting Aug. 1, 2018, the new parenting expense adjustment law changes how courts adjust the basic child support amount for parenting time expenses, based on the number of overnights parents have with their children in their court order.

Q: Will my child support order change automatically?

A: No. Child support orders will not change automatically because of this new law. It only affects parents with court-ordered parenting time. See the question 'What should I do next?' below for more information.

Q: How will this new law affect my child support?

A: It depends on the amount of parenting time ordered and the incomes of both parents. After Aug. 1, 2018, if you file a Motion to Modify Child Support, the court will apply the new law to the basic child support. The court may modify the basic child support if the new amount is at least $75 or 20 percent higher or lower than the current order.

The basic child support could go up, down, or stay the same in the new court order.

Before filing a motion, you can contact your county child support office for more information or use the Minnesota Child Support Guidelines Calculator online, to estimate the new amount of child support the court may order.

Q: What should I do next?

A: If you have a court order with a number of overnights or with language you can use to determine the number of overnights (for example a parenting time schedule, a percentage of parenting time or the number of overnights per year), you may file a Motion to Modify Child Support after Aug. 1, 2018 and the court will apply the new parenting expense adjustment law. The court may modify the basic child support if the new amount is at least $75 and 20 percent higher or lower than the current order.

If you have a court order for parenting time but overnights are not stated in the order (for example reasonable parenting time, parenting time as agreed by the parties, or reserved parenting time), you may file a Motion for Parenting Time Assistance. The court will review your request under Minnesota law and issue an order on parenting time.

If you do not have a court order for parenting time, you may file a Petition to Establish Custody and Parenting Time. The court will review your request under Minnesota law and issue an order on custody and parenting time.

Q: Where can I find the forms I need? Is there a filing fee?

A: The forms are online at www.mncourts.gov/getforms.aspx. Yes, courts will charge a filing fee unless the court approves a fee waiver. The amount may vary by county. Contact your local court administrator's office for more information.

Q: How can I get more information?

A: Contact your county child support office, your local court self-help center, or consult a family law attorney.
Parenting expense adjustment - related Minnesota statutes
Minnesota statutes related to the parenting expense adjustment: