Minnesota Statutes requires
parents to provide financial information when filing for any
divorce or any kind of a modification in child support or
spousal maintenance. It also allows parents to ask for
financial information related to child support. This
is codified in Minnesota Statutes Section 518A.28 which
states in pertinent part:
518A.28 PROVIDING INCOME INFORMATION.
In any case where the parties have joint children for which
a child support order must be determined, the parties shall
serve and file with their initial pleadings or motion
a financial affidavit, disclosing all sources of gross
income for purposes of section
The financial affidavit shall include
relevant supporting documentation necessary to calculate the
parental income for child support under section
518A.26, subdivision 15, including, but not limited to:
- pay stubs for the most recent three
- employer statements, or statements
of receipts and expenses if self-employed.
- Documentation of earnings and income
also include relevant copies of each parent's most
recent federal tax returns, including W-2 forms, 1099
forms, unemployment benefit statements, workers'
compensation statements, and all other documents
evidencing earnings or income as received that provide
verification for the financial affidavit.
In addition to the requirements of
paragraph above at any timeafter an action seeking child
support has been commenced or when a child support order is
in effect, a party or the public
authority may require the other party to give them a copy of
the party's most recent federal tax returns that were filed
with the Internal Revenue Service.
The party must provide a copy of the tax
returns within 30 days of receipt of the request unless the
request is not made in good
A request may not be made more than once
every two years, in the absence of good cause.
"Good cause" generally means a basis to believe that
income has changed substantially.
The consequence of failing to file a
financial affidavit can be serious. The statute states
that if a parent under the jurisdiction of the court
does not serve and file the financial affidavit
with the parent's initial pleading or motion documents, the
court shall set income for that parent based on credible
evidence before the court. Credible evidence may include
documentation of current or recent income, testimony of the
concerning recent earnings and income levels, and the
parent's wage reports filed with the Minnesota Department of
Employment and Economic Development. The court may consider
credible evidence from one party that the financial
affidavit submitted by
the other party is false or inaccurate.
If the court determines that a party does
not have access to documents that are required to be
disclosed under this section, the court may consider the
testimony of that party as credible
evidence of that party's income.
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