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:
the nonjoint child primarily
resides in the parent's household; and
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.
For a consultation call (612) 240-8005
240-8005 for a Consultation
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