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<font size=3><b><i>New Child Support Laws in Minnesota</b></i>

Acquiring Income Information & Financial Affidavits
Minnesota income information for child support, Minnesota financial affidavits, lawyers, attorneys

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:

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 documents,
a financial affidavit, disclosing all sources of gross income for purposes of section 518A.29.

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 months
  • 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 other parent
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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