Dispute Resolution Services (DRS) : Topics to be Resolved : Child Support

When parents with a minor child (or children) born or adopted during the relationship (“joint children”) separate from or terminate the adult relationship, they need to consider a method for paying the child’s expenses. Typically such a plan is called “child support” and addresses child related expenses which are unique to each parent’s home, and those which are common to both homes. Expenses common to both homes may include work or school related childcare, dependent health insurance, medical or dental expenses not covered by insurance, and some extra curricular activities. DRS mediators can facilitate the parents’ agreements regarding child support.

Laws regarding Child Support
In creating a financial plan for the child (or children), parents may consider the child support “guidelines” found in Minnesota Statutes§518.51. The guidelines help the parents (or the court if the matter is not settled) by indicating the percentage of the one parent’s income which should be paid to the other parent.

In 2007, the Minnesota Legislature replaced the old child support “guidelines” with the “income shares” model. This “income shares” model considers the gross monthly income of each parent rather than just the net monthly income of one parent as was the case under the former law. Among other criteria, the new child support law also considers parenting time allocation, providing for a “parenting time adjustment” to base child support when the parent who pays child support has the child more than 10% of the time. The law also adjusts the child support amount based upon the children’s health care and child care expenses. The new law applies to all cases and post-decree motions filed with the court.

Modification of Child Support
Child support can be modified in the event of a substantial change in circumstance which impact the various child support provisions already decided and included in a court order. In addition, parents can seek to modify old child support orders and apply the new “income shares” model. This provision has been effective since January 1, 2008.

Benefits to Mediation with DRS
Mediation provides a forum for voluntary exchange of information and creative, tailor-made solutions that lessen the emotional and financial toll that frequently results from court proceedings.

At DRS, we understand and can help the parents apply the child support law to new and old matters. We also know that calculation under the child support law is not the only method parents can utilize to plan for a child’s anticipated or actual needs. We suggest that clients first agree on a parenting schedule which would be in the best interests of their children. Then we help them to apply the law or fashion their own child support agreement based upon the children’s financial needs. This process helps the parties avoid conflict which can arise when potential financial outcomes influence the parenting schedule, rather than what is best for children involved.

Creative Solutions
In mediation, the parents can base dependent support on methods such as analyzing their families’ cash flow (after tax income minus reasonable expenses). When clients choose, we also help them develop a budget for the children and agree on which parent will have responsibility for each expense.

Child support may consist of payments made directly to a third person on behalf of the children as well as the transfer of funds between parents. Parents may also designate a financial account into which they each deposit funds to meet the children’s expenses or specified expenses.

Consequently, mediation offers potential solutions to dependent support that courts sometimes cannot order. For example, the court cannot order either parent to be responsible for a child’s post-secondary education; but, in mediation, the parents can agree to a plan for funding a child’s college education.

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