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What are Non-Joint Children and How Are They Calculated?
Minnesota nonjoint children for child support, lawyers, attorneys

What happens if I have children from a second marriage?  This is a big change from previous child support laws in Minnesota.  Minnesota now allows for a deduction based on nonjoint children which includes subsequently born children.  The deduction is capped at two children and includes natural children or children that are adopted. It does not include step children that are not adopted.  This is codified in Minnesota Statutes Section 518A.33 which provides in pertinent part, as follows: 

 

518A.33 DEDUCTION FROM INCOME FOR NONJOINT CHILDREN.
 

When either or both parents are legally responsible for a nonjoint child, a deduction for this obligation shall be calculated under this section if:

 

  1. the nonjoint child primarily resides in the parent's household; and

  2. the parent is not obligated to pay basic child support for the nonjoint child to the other parent or a legal custodian of the child under an existing child support order.

The court shall use the guidelines to determine the basic child support obligation for the nonjoint child or children by using the gross income of the parent for whom the deduction is being calculated and the number of nonjoint children primarily residing in the parent's household. If the number of nonjoint children to be used for the determination is greater than two, the determination must be made using the number two instead of the greater number    

 

The deduction for nonjoint children is 50 percent of the guideline amount determined by the child support guidelines based on the payers income.

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