Minnesota
Minnesota Child Support Laws (2026): Guidelines & Calculator
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 18 primary sources cited on this page. How we verify our legal content
Minnesota calculates child support using the Income Shares Model under Minn. Stat. 518A.35, combining both parents' gross incomes to set a baseline obligation that courts divide in proportion to each parent's share of that total. Use the Minnesota child support calculator below to estimate a guideline amount, or open the full-page Minnesota child support calculator for a detailed breakdown. Every order separately addresses basic support, medical support, and childcare support, with a parenting expense adjustment applied based on court-ordered parenting time.
How Child Support Works in Minnesota
Minnesota law requires both parents to contribute financially to raising their children, even after separation or divorce. The state's child support program is governed by Minnesota Statutes Chapter 518A, which establishes guidelines for calculating, modifying, and enforcing support obligations.
As of July 1, 2024, the Minnesota Department of Children, Youth, and Families (DCYF) oversees child support services statewide. DCYF assumed this responsibility from the Department of Human Services (DHS) as part of a broader state agency restructuring. County agencies continue to administer cases, provide services, and work directly with parents on a local level.
Child support in Minnesota is divided into three separate components, each addressed individually in a court order:
- Basic support covers everyday expenses like housing, food, clothing, and transportation for the child
- Medical support covers health and dental insurance premiums and unreimbursed medical expenses
- Childcare support covers work-related or education-related daycare and childcare costs
How Child Support Is Calculated in Minnesota
Minnesota uses the Income Shares Model to calculate child support under Minnesota Statutes section 518A.35. This model considers the combined gross income of both parents and assigns each parent a proportionate share of the total support obligation.
The idea behind the Income Shares Model is straightforward: children should receive the same proportion of parental income they would have received if both parents lived together. Both parents' incomes are combined, and each parent's share of the obligation is based on their percentage of that combined total.
Minnesota adopted the Income Shares Model in 2007, replacing the prior percentage-of-obligor-income framework. The Chapter 518A guidelines have been updated several times since then, with significant amendments effective in 2021, 2024, and 2025.
What Counts as Gross Income
Under Minnesota Statutes section 518A.29, gross income includes nearly all forms of periodic payment, such as:
- Salaries, wages, and commissions
- Self-employment income
- Workers' compensation and unemployment benefits
- Pension, annuity, and retirement payments
- Social Security and veterans benefits provided for a joint child
- Spousal maintenance received under a previous or current order
- Potential income (imputed income if a parent is voluntarily underemployed or unemployed)
Gross income does not include child support received from another case, adoption assistance payments, foster care subsidies, public assistance benefits based on need, or the income of a new spouse.
Basic Calculation Steps
The court follows a specific process under section 518A.34 to determine each parent's obligation:
- Calculate each parent's gross monthly income from all sources
- Subtract any credits for nonjoint children (children from other relationships) to arrive at the Parental Income for Child Support (PICS)
- Combine both parents' PICS to get the total combined monthly PICS
- Determine each parent's percentage share of the combined PICS
- Look up the basic support obligation in the statutory guideline table based on the combined PICS and number of children
- Multiply the guideline amount by each parent's percentage share
- Apply the parenting expense adjustment based on each parent's court-ordered parenting time
The state provides an official online child support calculator (Version 5.3, released August 17, 2026) to estimate support amounts. The tool is still hosted and branded under the Department of Human Services even though child support services moved to DCYF. This calculator is helpful for planning but provides estimates only.
To use the calculator, you will need:
- Each parent's gross monthly income from all sources
- Information about existing child support orders
- The number of joint children and any nonjoint children
- Spousal maintenance order amounts
- Cost of medical and dental insurance for the children
- Parenting time percentage from the court order
- Work-related or education-related childcare costs
- Social Security or veterans benefits paid to the child on behalf of a parent
Minnesota Basic Support Guideline Table
Under section 518A.35, the basic support obligation depends on the parents' combined monthly PICS and the number of children. Here are selected amounts from the guideline:
| Combined Monthly PICS | 1 Child | 2 Children | 3 Children | 4 Children |
|---|---|---|---|---|
| $0 to $1,399 | $50 | $60 | $70 | $80 |
| $2,000 to $2,099 | $170 | $200 | $235 | $270 |
| $3,000 to $3,099 | $415 | $525 | $598 | $665 |
| $4,000 to $4,099 | $625 | $845 | $954 | $1,041 |
| $5,000 to $5,099 | $818 | $1,132 | $1,281 | $1,387 |
| $6,000 to $6,099 | $988 | $1,383 | $1,577 | $1,703 |
| $8,000 to $8,099 | $1,106 | $1,548 | $1,765 | $1,907 |
| $10,000 to $10,099 | $1,230 | $1,722 | $1,963 | $2,121 |
| $15,000 to $15,099 | $1,539 | $2,155 | $2,457 | $2,654 |
| $20,000 and over | $1,839 | $2,575 | $2,935 | $3,170 |
For combined incomes exceeding $20,000 per month, the presumed basic obligation matches the $20,000 level. The court may order a higher amount if the child has demonstrated needs that exceed the guideline, such as a disability, special education requirements, or other substantial needs under section 518A.43.
Parenting Expense Adjustment
The parenting expense adjustment (PEA) under section 518A.36 recognizes that a parent with significant parenting time incurs real costs for housing, food, transportation, and daily child-related expenses during that time. The PEA reduces the basic support obligation for the obligor based on how much parenting time they have, calculated on a continuous overnight-based formula rather than stepped brackets.
Under the current formula, the number of annual overnights each parent has with the child is raised to the third power (cubed), which weights the adjustment more heavily toward the parent with more parenting time. This produces a smooth, continuous adjustment as parenting time increases, rather than the sharp "cliffs" that stepped percentage-based brackets produced under older versions of Minnesota's guidelines.
If both parents have equal parenting time (50/50) and equal incomes, the court generally will not order basic support unless one parent carries a disproportionate share of expenses like insurance or childcare.
Self-Support Reserve
Under section 518A.42, there is a rebuttable presumption that a support order should not exceed the obligor's ability to pay. The statute protects a portion of a low-income obligor's earnings, but it works as a ceiling on the finished calculation rather than as a deduction fed into the guideline.
The court first subtracts a monthly self-support reserve equal to 120% of the federal poverty guideline for one person from the obligor's PICS. The result is the obligor's "income available for support." The guideline obligation itself is still calculated on full PICS under section 518A.34; the reserve figure is then compared against it:
- If income available for support is equal to or greater than the section 518A.34 obligation, the court orders the full guideline amount.
- If income available for support is less than the guideline amount but more than the statutory minimum, the court reduces the order in a set sequence until it equals income available for support: first the medical support obligation, then the childcare support obligation, then basic support.
Where the minimum applies, basic support ranges from $50 per month for one child to $100 per month for six or more children, and the obligor is presumed unable to pay childcare and medical support. The minimum does not apply to an incarcerated obligor, a recipient of general assistance, SSI, TANF, or comparable MFIP benefits, or an obligor with no income who completely lacks the ability to earn income.
Medical Support and Childcare Support
Beyond basic support, Minnesota courts must separately address medical support and childcare support in every order.
Medical Support
Under section 518A.41, the court orders both parents to share the cost of health and dental insurance premiums and all unreimbursed medical expenses. These costs are divided based on each parent's proportionate share of the combined monthly PICS, just like basic support.
Medical support is considered child support for enforcement purposes but is not subject to cost-of-living adjustments.
Childcare Support
Under section 518A.40, childcare support covers work-related or education-related childcare expenses. The amount is based on actual childcare costs and is divided between the parents in proportion to their PICS. Childcare support obligations typically end when the child enters school full-time or no longer needs daycare.
How to Apply for Child Support in Minnesota
The Minnesota DCYF Child Support Division oversees the statewide child support system. To apply:
- Download and complete the application forms
- Contact DCYF or call 800-657-3890
- Visit your county's Human or Social Services Department in person
Key points to keep in mind:
- If the parents are not married, paternity must be established before the court can order support. Minnesota allows paternity to be established through a Recognition of Parentage form signed by both parents, genetic testing, or a court order.
- A $25 application fee applies, though it may be waived for low-income applicants.
- District judges, district court referees, and child support magistrates all have authority to set support amounts.
How to Modify Child Support in Minnesota
Minnesota provides two main paths for adjusting an existing child support order: the biennial cost-of-living adjustment (COLA) and a formal modification.
Cost-of-Living Adjustments (COLA)
Under section 518A.75, most child support orders include a provision for automatic biennial (every two years) cost-of-living adjustments. The adjustment is based on a cost-of-living index, typically the Consumer Price Index for all urban consumers (CPI-U) for the Minneapolis-St. Paul area.
For cases receiving full child support enforcement services, the child support office notifies both parents and automatically applies the adjustment on May 1 of the applicable year.
Pending legislative change: A 2025 bill (HF 2456) passed the first engrossment stage in the Minnesota Legislature and would end COLA adjustments for child support and maintenance orders after January 1, 2027, if enacted. As of 2026, biennial COLA adjustments remain in effect. Parents should confirm the current status of this legislation with their county child support office or an attorney.
Formal Modification
Either parent may petition for a modification based on a "substantial change in circumstances" under section 518A.39. The law creates a rebuttable presumption that modification is warranted when:
- The current guideline calculation differs from the existing order by at least 20% and at least $75 per month (or 20% if the current order is less than $75)
- A parent's gross income has decreased by at least 20% through no fault or choice of their own
- There is a substantial increase or decrease in a parent's earnings or income
- There is a significant change in the cost or availability of health care coverage
- Work-related or education-related childcare expenses have changed substantially
- A child has been emancipated
- The medical provisions in the existing order are no longer enforceable
To request a modification, use the ezDocs system or call 651-531-5655. Filing fees may be waived for those who cannot afford them.
Enforcement and Penalties for Non-Payment
The Child Support Division within DCYF enforces child support orders throughout Minnesota. County agencies handle day-to-day enforcement, with the state providing oversight, technology systems, and disbursement services.
Administrative Enforcement Tools
Minnesota uses a wide range of enforcement methods to collect unpaid support:
- Automatic income withholding: Every child support order includes an income withholding provision. Employers must withhold support from the obligor's wages and report all new hires to the state.
- Bank account garnishment: The Financial Institution Data Match (FIDM) program allows the state to identify and levy bank accounts held by parents who owe past-due support.
- Federal and state tax refund intercepts: Overdue support can be collected by intercepting federal and state income tax refunds.
- Credit bureau reporting: Arrears are reported to the major credit bureaus, which can affect the obligor's credit score, ability to obtain loans, and employment prospects.
- License sanctions: The state can suspend or restrict driver's licenses, recreational licenses, and occupational or professional licenses for parents with overdue support.
- Passport denial: Under federal law, if arrears exceed $2,500, the U.S. State Department will deny, restrict, or revoke the obligor's passport.
- Property liens: Unpaid support becomes a judgment by operation of law on the date it is due and can be enforced as a lien against real property and motor vehicle titles.
- Student financial aid holds: Financial aid disbursements may be withheld.
- Interest on arrears: Interest may be charged on unpaid support balances.
Payment Agreements
An obligor who cannot pay the full amount may enter a written payment agreement with the child support agency. The court or child support magistrate must consider the obligor's financial circumstances and approve a reasonable payment plan. Compliance with the agreement may suspend active enforcement actions.
Criminal Penalties
Under Minnesota Statutes section 609.375, willful failure to pay court-ordered child support is a crime:
- Gross misdemeanor: Punishable by up to 1 year in jail and/or a fine of up to $3,000
- Felony: Punishable by up to 2 years in prison and/or a fine of up to $5,000 for more serious or repeated violations
Statute of Limitations on Arrears
There is no statute of limitations on collecting child support arrears in Minnesota. Unpaid support remains enforceable indefinitely. However, the statute of limitations on enforcing a money judgment is 10 years, so periodic renewal of the judgment may be necessary for long-outstanding arrears.
Interstate Enforcement
Minnesota participates in the Uniform Interstate Family Support Act (UIFSA) and the federal Title IV-D program administered by the Office of Child Support Services (OCSS). These frameworks allow Minnesota to enforce orders across state lines and coordinate with other states when a parent lives outside Minnesota.
When Does Child Support End in Minnesota?
Under section 518A.26, child support in Minnesota ends when the child reaches age 18 or graduates from high school, whichever occurs later, and no later than age 20 unless the child is incapable of self-support because of a physical or mental condition.
Specifically, a "child" for support purposes is defined as:
- A person under 18 years of age
- A person under age 20 who is still attending secondary school (high school)
- A person of any age who is incapable of self-support due to a physical or mental condition
This means if a child turns 18 during their senior year of high school, support continues until graduation. Where the obligation rests only on age or school enrollment, it does not extend past the child's 20th birthday regardless of continued enrollment. The third category is different: it carries no age limit at all.
Support may continue indefinitely if the child has a physical or mental disability that prevents self-sufficiency. The court determines this on a case-by-case basis.
Support does not automatically terminate just because a child moves out of the custodial parent's home, as long as the child has not otherwise emancipated.
Emancipation in Minnesota
Minnesota does not have a specific statutory procedure for the emancipation of minors. Courts determine emancipation on a case-by-case basis, considering:
- The best interests of the child
- The minor's living situation and ability to support themselves
- Whether the parents have given express or implied consent to emancipation
Events that may support a finding of emancipation include lawful marriage, active military service, express parental consent, or a court order.
Termination of Parental Rights
A parent may voluntarily terminate parental rights to allow adoption by a stepparent or other adoptive parent. The court must determine that termination serves the child's best interests. Involuntary termination may occur when a parent has abandoned the child, failed to provide required support, engaged in egregious harm, or is otherwise unfit. Termination of parental rights ends the support obligation going forward, but does not erase arrears already owed.
2025 Legislative Changes at a Glance
Several important changes to Minnesota child support law took effect in 2025 or are pending for 2027:
- Social Security and veterans benefits: Effective January 1, 2025, any regular or lump-sum payment of Social Security or apportioned veterans benefits received by the obligee for the benefit of a joint child based on the obligor's disability may be credited against arrears upon a motion to modify.
- Self-support reserve: The self-support reserve under section 518A.42 equals 120% of the federal poverty guideline for one person. Subtracting it from PICS yields the obligor's income available for support, which caps the obligation calculated under section 518A.34 rather than reducing the income the guideline is run on.
- COLA legislation pending: A 2025 bill (HF 2456) would eliminate biennial cost-of-living adjustments for child support and spousal maintenance orders after January 1, 2027. This legislation had not been enacted as of early 2026. Parents should confirm the current status with their county child support office.
- Calculator version: The official Minnesota Child Support Calculator is on Version 5.3, released August 17, 2026.
More Minnesota Laws
Frequently Asked Questions
How is child support calculated in Minnesota?
Minnesota uses the Income Shares Model under Minnesota Statutes section 518A.35. Both parents' gross incomes are combined to determine the Parental Income for Child Support (PICS). The court looks up the basic support obligation in the statutory guideline table based on the combined PICS and number of children, then divides the obligation based on each parent's proportionate share of income. A parenting expense adjustment is applied based on court-ordered parenting time. The state provides an online calculator at childsupportcalculator.dhs.state.mn.us to estimate amounts.
When does child support end in Minnesota?
Child support ends when the child turns 18 or graduates from high school, whichever occurs later, and no later than age 20 where the obligation rests on age or school enrollment. If a child turns 18 during their senior year, support continues through graduation. Section 518A.26 defines a third category of child with no age limit at all: an individual who, by reason of physical or mental condition, is incapable of self-support, so support may continue indefinitely in that situation. Support does not automatically end just because the child moves out of the custodial parent's home.
What changed in Minnesota child support law in 2025?
Several changes took effect in 2025. The self-support reserve under section 518A.42 remains at 120% of the federal poverty guideline for one person. Subtracting it from PICS produces the obligor's income available for support, which caps the obligation calculated under section 518A.34 rather than reducing the income the guideline runs on. Social Security and veterans disability benefits received for a joint child can now be credited against arrears upon a modification motion. A separate bill (HF 2456) would phase out biennial COLA adjustments after January 1, 2027; its enactment status should be confirmed with your county child support office.
How can I modify a child support order in Minnesota?
You can petition for modification under Minnesota Statutes section 518A.39 based on a substantial change in circumstances. The law presumes modification is warranted when the current guideline calculation differs from the existing order by at least 20% and $75 per month, or when a parent's income has decreased by 20% or more through no fault of their own. Other grounds include changes in healthcare costs, childcare expenses, or a child's emancipation. Contact the ezDocs system or call 651-531-5655 to start the process.
What happens if you don't pay child support in Minnesota?
Minnesota enforces child support orders through automatic income withholding, bank account garnishment, tax refund intercepts, credit bureau reporting, license suspensions, passport denial, and property liens. Criminal penalties apply for willful non-payment: a gross misdemeanor charge carries up to 1 year in jail and a $3,000 fine, while a felony charge carries up to 2 years in prison and a $5,000 fine. There is no statute of limitations on collecting child support arrears in Minnesota.
Minnesota Child Support Calculator
Estimate your child support obligation under Minn. Stat. § 518A.35. This calculator provides a step-by-step breakdown with statute citations.
Minnesota Child Support Calculator
This state uses the Income Shares model, which considers both parents' income to determine a combined obligation, then splits it proportionally.
Based on Minn. Stat. § 518A.35 · Effective January 1, 2024
Enter income details to see your estimate
How Minnesota Calculates Child Support
- •Minnesota's guidelines run on ADJUSTED GROSS income: income taxes and FICA are never subtracted. The only adjustments to gross income are items like court-ordered child support or maintenance a parent actually pays for other cases. Enter income before taxes.
- •Minnesota uses the Income Shares model under Minn. Stat. § 518A.35, combining both parents' parental income for child support (PICS) to determine the basic child support obligation.
- •The basic obligation is taken from the statutory guidelines table (Minn. Stat. § 518A.35) and prorated between parents based on each parent's share of combined PICS.
- •Minnesota uses three parenting time categories: less than 10% (no adjustment), 10-45% (moderate adjustment), and 45.1%+ (~146 overnights — full parenting expense adjustment).
- •Health insurance premiums (medical support), work-related childcare costs, and unreimbursed medical expenses are added to the basic obligation and divided proportionally between parents.
- •Parental income for child support (PICS) is calculated from gross income minus certain deductions including taxes, Social Security, union dues, and pre-existing support obligations (Minn. Stat. § 518A.29).
- •Courts may deviate from the guidelines upon a written finding that the guidelines amount would be unjust or inappropriate under the circumstances (Minn. Stat. § 518A.43).
- •Minnesota requires both parents to provide medical support (health insurance or a cash equivalent) for children in addition to basic child support.
What Is the Average Child Support Payment in Minnesota?
Estimated Average Monthly Payment
$994/month
Estimated Annual Total
$11,928/year
Minnesota does not publish an official “average” child support payment. This estimate was calculated using the Minnesota guideline formula above with median income data from the U.S. Census Bureau, American Community Survey (ACS) 2024 — Minnesota Median Earnings. Your actual amount will differ — use the calculator above with your own numbers for a personalized estimate.
Assumptions used in this estimate
- •Obligor gross monthly income of $4,650 before taxes (Minnesota median full-time earnings, U.S. Census ACS 2024)
- •Obligee gross monthly income of $3,650 before taxes (Minnesota median female full-time earnings)
- •2 children (average for Minnesota child support cases)
- •$200/month for children's health insurance
- •No childcare costs; 52 overnights/year with obligor (below 45.1% parenting time threshold)
Data year: 2024
Important Legal Disclaimer
This calculator provides an estimate only based on Minnesota's child support guidelines. Actual court-ordered amounts may differ based on factors not captured here, including special needs, shared custody arrangements, travel costs, and judicial discretion.
This is not legal advice. Consult a family law attorney for guidance specific to your situation.
Updates
Corrected the self-support reserve explanation to reflect that it caps the calculated obligation rather than reducing the income the guideline runs on, clarified that support has no age limit for a child incapable of self-support due to a physical or mental condition, and updated the state calculator to its current version.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Removed the unsupported claim that a 2025 amendment lowered the parenting-expense-adjustment threshold from 45.1% to 40% parenting time; the linked current statute (518A.36) computes the adjustment with a continuous overnights-cubed formula that has no percentage threshold, so the description was corrected to match the statute's actual mechanism everywhere the claim appeared on the page.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Minnesota Statutes, Chapter 518A: CHILD SUPPORT
§ 518A.35GUIDELINE USED IN CHILD SUPPORT DETERMINATIONSIn force
Subdivision 1. Determination of support obligation. (a) The guideline in this section is a rebuttable presumption and shall be used in any judicial or administrative proceeding to establish or modify a support obligation under this chapter. (b) The basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children and the combined parental income for determining child support of the parents. (c) If a child is not in the custody of either parent and a support order is sought against one or both parents, the basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children, and the parent's individual parental income for determining child support, not the combined parental incomes for determining child support of the parents. Unless a parent has court-ordered parenting time, the parenting expense adjustment formula under section 518A.34 must not be applied.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Hansen v. Todnem (2017) held section 518A.35, subdivision 1(e) caps the presumed basic child support obligation, not the parents' combined income, once combined income exceeds $15,000 per month. Marriage of Haefele v. Haefele (2013) described the guideline figure as a rebuttable presumption a district court may depart from.
Opinions citing this section in our collection:
- In re the Matter of: Birch Benjamin Hansen v. Suzanne Christine Todnem (Court of Appeals of Minnesota 2017, 891 N.W.2d 51)“…s obligation to account for his equal parenting time. See Minn. Stat. §§ 518A.35, subd. 2, .36 (2016). As a result, Hans…”
- Marriage of Haefele v. Haefele (Supreme Court of Minnesota 2013, 837 N.W.2d 703)✓A mother's S-corporation distributions were disputed as gross income in a support modification; the court read section 518A.30 to reach undistributed business income, and noted the section 518A.35 guideline figure is only a rebuttable presumption a court may depart from.
- In Re the Marriage of Rose v. Rose (Court of Appeals of Minnesota 2009, 765 N.W.2d 142)✓A father sought to cut support solely because the new income-shares guidelines produced an amount over 20 percent lower; the court held that running the section 518A.35 guidelines to show a 20 percent and $75 gap is itself a way to satisfy the modification statute.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 518A.34COMPUTATION OF CHILD SUPPORT OBLIGATIONSIn force
(a) To determine the presumptive child support obligation of a parent, the court shall follow the procedure set forth in this section. (b) To determine the obligor's basic support obligation, the court shall: (1) determine the gross income of each parent under section 518A.29; (2) calculate the parental income for determining child support (PICS) of each parent, by subtracting from the gross income the credit, if any, for each parent's nonjoint children under section 518A.33; (3) determine the percentage contribution of each parent to the combined PICS by dividing the combined PICS into each parent's PICS; (4) determine the combined basic support obligation by application of the guidelines in section 518A.35; (5) determine each parent's share of the combined basic support obligation by multiplying the percentage figure from clause (3) by the combined basic support obligation in clause (4); and (6) apply the parenting expense adjustment formula provided in section 518A.36 to determine the obligor's basic support obligation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 22 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Richards v. Reiter (Supreme Court of Minnesota 2011, 796 N.W.2d 509)“…parison of their respective individual incomes. Pursuant to Minn.Stat. § 518A.34 (2010), child support is a function of…”
- Marriage of Haefele v. Haefele (Supreme Court of Minnesota 2013, 837 N.W.2d 703)“…sumptive child-support obligation of the obligor parent. 2 Minn.Stat. § 518A.34(a). Each parent’s gross income is the s…”
- In re the Matter of: Dakota County, Lorinda Elaine Floding, Below v. Darrell Ray Gillespie (Supreme Court of Minnesota 2015, 866 N.W.2d 905)“…t *4. In addition to Koser, the court of appeals relied on Minn. Stat. § 518A.34(f) (2014), which provides that if “Soc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 518A.29CALCULATION OF GROSS INCOMEIn force
(a) Subject to the exclusions and deductions in this section, gross income includes any form of periodic payment to an individual, including, but not limited to, salaries, wages, commissions, self-employment income under section 518A.30, workers' compensation, unemployment benefits, annuity payments, military and naval retirement, pension and disability payments, spousal maintenance received under a previous order or the current proceeding, Social Security or veterans benefits provided for a joint child under section 518A.31, and potential income under section 518A.32. Salaries, wages, commissions, or other compensation paid by third parties shall be based upon gross income before participation in an employer-sponsored benefit plan that allows an employee to pay for a benefit or expense using pretax dollars, such as flexible spending plans and health savings accounts. No deductions shall be allowed for contributions to pensions, 401-K, IRA, or other retirement benefits.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 36 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Lee v. Lee (Supreme Court of Minnesota 2009, 775 N.W.2d 631)“…e," in turn, "includes... pension and disability payments," Minn.Stat. § 518A.29 (2008), without any restriction as to w…”
- Marriage of Haefele v. Haefele (Supreme Court of Minnesota 2013, 837 N.W.2d 703)“…ion should be included in her “gross income,” as defined by Minn.Stat. §§ 518A.29(a) and 518A.30 (2012), for the purpose…”
- In re the Marriage of: Teresa Marie Nordahl v. Steven Edward Nordahl (Court of Appeals of Minnesota 2026)“…pensions, 401-K, IRA, or other retirement benefits. Minn. Stat. § 518A.29(a). Issues of statutory interpre…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 518A.36PARENTING EXPENSE ADJUSTMENTIn force
Subdivision 1. General. (a) The parenting expense adjustment under this section reflects the presumption that while exercising parenting time, a parent is responsible for and incurs costs of caring for the child, including, but not limited to, food, clothing, transportation, recreation, and household expenses. Every child support order shall specify the percentage of parenting time granted to or presumed for each parent. For purposes of this section, the percentage of parenting time means the percentage of time a child is scheduled to spend with the parent during a calendar year according to a court order averaged over a two-year period. Parenting time includes time with the child whether it is designated as visitation, physical custody, or parenting time. The percentage of parenting time may be determined by calculating the number of overnights or overnight equivalents that a parent spends with a child pursuant to a court order.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Marriage of Hesse v. Hesse (Court of Appeals of Minnesota 2009, 778 N.W.2d 98)“…me granted to or presumed for each parent. See Minn.Stat. § 518A.36, subd. 1(a) (2006). After a hearing, a…”
- In re the Marriage of: Justin David Shearer v. Mandy Jane Shearer (Court of Appeals of Minnesota 2017, 891 N.W.2d 72)“…subd. 5 (2014).1 1 Minn. Stat. § 518.175, subd. 5, and Minn. Stat. § 518A.36 were amended in 2016. 2016 Minn. Law, c…”
- In re the Matter of: Dakota County, Lorinda Elaine Floding, Below v. Darrell Ray Gillespie (Supreme Court of Minnesota 2015, 866 N.W.2d 905)“…o consideration each parent’s percentage of parenting time. Minn. Stat. § 518A.36.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 518A.42ABILITY TO PAY; SELF-SUPPORT ADJUSTMENTIn force
Subdivision 1. Ability to pay. (a) It is a rebuttable presumption that a child support order should not exceed the obligor's ability to pay. To determine the amount of child support the obligor has the ability to pay, the court shall follow the procedure set out in this section. (b) The court shall calculate the obligor's income available for support by subtracting a monthly self-support reserve equal to 120 percent of the federal poverty guidelines for one person from the obligor's parental income for determining child support (PICS). If benefits under section 518A.31 are received by the obligee as a representative payee for a joint child or are received by the child attending school, based on the other parent's eligibility, the court shall subtract the amount of benefits from the obligor's PICS before subtracting the self-support reserve. If the obligor's income available for support calculated under this paragraph is equal to or greater than the obligor's support obligation calculated under section 518A.34, the court shall order child support under section 518A.34.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 518A.41MEDICAL SUPPORTIn force
Subdivision 1. Definitions. The definitions in this subdivision apply to this chapter and chapter 518. (a) "Health care coverage" means private health care coverage, including fee for service, health maintenance organization, preferred provider organization, and other types of private health care coverage. Health care coverage also means public health care coverage under which medical or dental services could be provided to a dependent child. (b) "Private health care coverage" means a health plan that provides medical, dental, or other health care benefits and is: (1) provided on an individual or group basis; (2) provided by an employer or union; (3) purchased in the private market; (4) provided through MinnesotaCare under chapter 256L; or (5) available to a person eligible to carry insurance for the joint child, including a party's spouse or parent.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Marriage of Welsh v. Welsh (Court of Appeals of Minnesota 2009, 775 N.W.2d 364)“…duce imputed income due to caretaker responsibilities under Minn.Stat. § 518A.41, subd. 5 [ (2008) ].” It appears that t…”
- In re the Matter of: Birch Benjamin Hansen v. Suzanne Christine Todnem (Court of Appeals of Minnesota 2017, 891 N.W.2d 51)“…enses, and uninsured medical expenses of the joint child.” Minn. Stat. § 518A.41, subd. 1(d) (2016). As a child’s medica…”
- Leslie E. Sheehy Lee, Appellant, vs. Travis W. Kalis, Respondent, County of Le Sueur, Respondent (Supreme Court of Minnesota 2025)“…le for providing health care coverage for the children. See Minn. Stat. § 518A.41, subd 5(a) (2024). This reduced the amo…”
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§ 518A.40CHILD CARE SUPPORTIn force
Subdivision 1. Child care costs. Unless otherwise agreed to by the parties and approved by the court, the court must order that work-related or education-related child care costs of joint children be divided between the obligor and obligee based on their proportionate share of the parties' combined monthly PICS. The amount of work-related or education-related child care costs required by this subdivision to be divided between the obligor and obligee is the total amount received by the child care provider from the obligee and any public agency for the joint child or children. Child care costs shall be adjusted by the amount of the estimated federal and state child care credit payable on behalf of a joint child. The Department of Human Services shall develop tables to calculate the applicable credit based upon the custodial parent's PICS. Subd. 2. Low-income obligor.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- In re the Marriage of: Joshua Ryan Beckendorf v. Jordana Leslie Fox (Court of Appeals of Minnesota 2017, 890 N.W.2d 746)“…ute “documentation of child care expenses” for purposes of Minn. Stat. § 518A.40, subd. 3(a) (2016).…”
- In re the Marriage of: Andrew Michael Larson v. Julie Christine Larson (Court of Appeals of Minnesota 2024)“…ider” and requires “documentation of child care expenses.” Minn. Stat. § 518A.40, subds. 1, 3(a)…”
- In re the Marriage of: Lizhi Zhang v. Zheng Fu (Court of Appeals of Minnesota 2014)“…court did not make a finding to support the award. Minn. Stat. § 518A.40, subd. 1 (2012) provides that a court m…”
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§ 518A.43DEVIATIONS FROM CHILD SUPPORT GUIDELINESIn force
Subdivision 1. General factors. Among other reasons, deviation from the presumptive child support obligation computed under section 518A.34 is intended to encourage prompt and regular payments of child support and to prevent either parent or the joint children from living in poverty. In addition to the child support guidelines and other factors used to calculate the child support obligation under section 518A.34, the court must take into consideration the following factors in setting or modifying child support or in determining whether to deviate upward or downward from the presumptive child support obligation: (1) all earnings, income, circumstances, and resources of each parent, including real and personal property, but excluding income from excess employment of the obligor or obligee that meets the criteria of section 518A.29, paragraph (b); (2) the extraordinary financial needs and resources, physical and emotional condition, and educational needs of the child to be supported; (3) the standard of living the child would enjoy if the parents were currently living together, but recognizing that the parents now have separate households; (4) whether the child resides in a foreign…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Marriage of Haefele v. Haefele (Supreme Court of Minnesota 2013, 837 N.W.2d 703)“…e presumption.” Minn.Stat. § 518A.35, subd. 1(a). Second, Minn.Stat. § 518A.43 requires the district court to consider…”
- In re the Matter of: Dakota County, Lorinda Elaine Floding, Below v. Darrell Ray Gillespie (Supreme Court of Minnesota 2015, 866 N.W.2d 905)“…ent or the joint children from living in poverty.” Minn. Stat. § 518A.43, subd. 1 (2014). The statute provides a…”
- In re the Marriage of: Joshua Ryan Beckendorf v. Jordana Leslie Fox (Court of Appeals of Minnesota 2017, 890 N.W.2d 746)“…ther parent or the joint children from living in poverty,” Minn. Stat. § 518A.43, subd. 1 (2016); and (c) would not be…”
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§ 518A.39MODIFICATION OF ORDERS OR DECREESIn forcecited in 2 of our articles
Subdivision 1. Authority. After an order under this chapter or chapter 518 for child support, or for the appointment of trustees to receive property awarded as support money, the court may from time to time, on motion of either of the parties, a copy of which is served on the public authority responsible for child support enforcement if payments are made through it, or on motion of the public authority responsible for support enforcement, modify the order respecting the amount of support money or medical support, and the payment of it, and also respecting the appropriation and payment of the principal and income of property held in trust, and may make an order respecting these matters which it might have made in the original proceeding, except as herein otherwise provided. A party or the public authority also may bring a motion for contempt of court if the obligor is in arrears in support or maintenance payments. Subd. 2. Modification.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 77 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Lee v. Lee (Supreme Court of Minnesota 2009, 775 N.W.2d 631)“…nder section 518.552 that exist at the time of the motion." Minn.Stat. § 518A.39, subd. 2(d). Id., subd. 2(d). The l…”
- In re the Matter of: Dakota County, Lorinda Elaine Floding, Below v. Darrell Ray Gillespie (Supreme Court of Minnesota 2015, 866 N.W.2d 905)“…excess payments, claiming that Koser is inconsistent with Minn. Stat. § 518A.39, subd. 2(e) (2014), which prohibits re…”
- Marriage of Hesse v. Hesse (Court of Appeals of Minnesota 2009, 778 N.W.2d 98)“…moved for a downward support modification. See Minn.Stat. § 518A.39, subd. 2 (2006). Under the new statute,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Emancipation Laws: How Minors Become Emancipated in Minnesota (2026)
§ 518A.75COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE OR CHILD SUPPORT ORDERIn force
Subdivision 1. Requirement. (a) An order establishing, modifying, or enforcing maintenance or child support shall provide for a biennial adjustment in the amount to be paid based on a change in the cost of living. An order that provides for a cost-of-living adjustment shall specify the cost-of-living index to be applied and the date on which the cost-of-living adjustment shall become effective. The court may use the Consumer Price Index for all urban consumers, Minneapolis-St. Paul (CPI-U), the Consumer Price Index for wage earners and clerical, Minneapolis-St. Paul (CPI-W), or another cost-of-living index published by the Department of Labor which it specifically finds is more appropriate. Cost-of-living increases under this section shall be compounded. The court may also increase the amount by more than the cost-of-living adjustment by agreement of the parties or by making further findings. (b) The adjustment becomes effective on the first of May of the year in which it is made, for cases in which payment is made to the public authority.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Marriage of Anderson v. Anderson (Court of Appeals of Minnesota 2017, 897 N.W.2d 828)“…he other governing the result of any ensuing hearing. See Minn. Stat. § 518A.75, subd. 2, 2a, 3 (2016) (respectively).…”
- In re the Matter of: Dakota County, Lorinda Elaine Floding, Below v. Darrell Ray Gillespie (Supreme Court of Minnesota 2015, 866 N.W.2d 905)“…earages,” if for the purpose of securing overdue support); Minn. Stat. § 518A.75 (2014) (requiring child support orders…”
- Marriage of Grachek v. Grachek (Court of Appeals of Minnesota 2008, 750 N.W.2d 328)“…ring on the matter and satisfactorily establishes the same. Minn. Stat. § 518A.75 (2006). But a district court has much m…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 518A.26DEFINITIONSIn forcecited in 2 of our articles
Subdivision 1. Scope. For the purposes of this chapter and chapter 518, the terms defined in this section shall have the meanings respectively ascribed to them. Subd. 2. Apportioned veterans' benefits. "Apportioned veterans' benefits" means the amount the Veterans Administration deducts from the veteran's award and disburses to the child or the child's representative payee. The apportionment of veterans' benefits shall be that determined by the Veterans Administration and governed by Code of Federal Regulations, title 38, sections 3.450 to 3.458. Subd. 3. Arrears. Arrears are amounts that accrue pursuant to an obligor's failure to comply with a support order. Past support and pregnancy and confinement expenses contained in a support order are arrears if the court order does not contain repayment terms. Arrears also arise by the obligor's failure to comply with the terms of a court order for repayment of past support or pregnancy and confinement expenses. An obligor's failure to comply with the terms for repayment of amounts owed for past support or pregnancy and confinement turns the entire amount owed into arrears. Subd. 4. Basic support.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Marriage of Haefele v. Haefele (Supreme Court of Minnesota 2013, 837 N.W.2d 703)“…hild-support purposes shall be gross income. See, e.g., Minn.Stat. §§ 518A.26, subd. 8, 518A.28(a), 518A.29, 518A.30,…”
- Leslie E. Sheehy Lee, Appellant, vs. Travis W. Kalis, Respondent, County of Le Sueur, Respondent (Supreme Court of Minnesota 2025)“…le IV-D of the Social Security Act, 42 U.S.C. § 654(4). See Minn. Stat. § 518A.26, subd. 10 (2024); Minn. R. Gen. Prac. 3…”
- Lee v. Lee (Supreme Court of Minnesota 2009, 775 N.W.2d 631)“…lthough much of chapter 518A governs child support matters, Minn.Stat. § 518A.26, subd. 1 (2008) expressly states that "…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Minnesota Statutes, Chapter 609: CRIMINAL CODE
§ 609.375NONSUPPORT OF SPOUSE OR CHILDIn force
Subdivision 1. Crime defined. Whoever is legally obligated to provide court-ordered support to a spouse or child, whether or not the child's custody has been granted to another, and knowingly omits and fails to do so is guilty of a misdemeanor, and upon conviction may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both. Subd. 2. Gross misdemeanor violation. A person who violates subdivision 1 is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both, if: (1) the violation continues for a period in excess of 90 days but not more than 180 days; or (2) the person is in arrears in court-ordered child support or maintenance payments, or both, in an amount equal to or greater than six times but less than nine times the person's total monthly support and maintenance payments. Subd. 2a. Felony violation.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Nelson (Supreme Court of Minnesota 2014, 842 N.W.2d 433)“…I conclude that the phrase “care and support,” as used in Minn.Stat. § 609.375 (2012), unambiguously refers to a perso…”
- State v. Burg (Court of Appeals of Minnesota 2001, 633 N.W.2d 94)“…charged with felony non-support of a child, in violation of Minn.Stat. § 609.375, subd. 2a (1998), and constructive crim…”
- State v. Krejci (Supreme Court of Minnesota 1990, 458 N.W.2d 407)“…d; Rule 24.02, subd. 12 (Non-Support of Wife or Child) from Minn.Stat. § 609.375 (1971). [5] "Minnesota reporting rat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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This article also draws on these acts and chapters (opening at their first section): Minnesota Statutes, Chapter 518A: CHILD SUPPORT § 518A.01
Related law for further reading — not part of this article’s citations.
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Sources and References
- Minnesota Statutes Chapter 518A - Child Support(revisor.mn.gov).gov
- Section 518A.35 - Guideline Used in Child Support Determinations(revisor.mn.gov).gov
- Section 518A.34 - Computation of Child Support Obligations(revisor.mn.gov).gov
- Section 518A.29 - Calculation of Gross Income(revisor.mn.gov).gov
- Section 518A.36 - Parenting Expense Adjustment(revisor.mn.gov).gov
- Section 518A.39 - Modification of Orders or Decrees(revisor.mn.gov).gov
- Section 518A.41 - Medical Support(revisor.mn.gov).gov
- Section 518A.40 - Child Care Support(revisor.mn.gov).gov
- Section 518A.75 - Cost-of-Living Adjustments(revisor.mn.gov).gov
- Section 518A.43 - Deviation from Guidelines(revisor.mn.gov).gov
- Section 518A.26 - Definitions(revisor.mn.gov).gov
- Section 609.375 - Nonsupport of Spouse or Child(revisor.mn.gov).gov
- Minnesota DCYF - Child Support Services(dcyf.mn.gov).gov
- Minnesota Child Support Guidelines Calculator(childsupportcalculator.dhs.state.mn.us).gov
- DCYF - Cost of Living Adjustments for Child Support(dcyf.mn.gov).gov
- DCYF - Changing a Child Support Order(dcyf.mn.gov).gov
- Minnesota DHS - Enforcing Child Support Orders(mn.gov).gov
- Minnesota Statutes section 518A.42 (Self-Support Reserve)(revisor.mn.gov).gov