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CHILD SUPPORT

Child support collection in Minnesota is administered by the counties and supervised by the state Department of Human Services (“DHS”). DHS operates a Child Support Policy Help Desk to answer child support questions from citizens. You can reach the Help Desk at (651) 215-1714. The Attorney General’s Office does not have authority over child support matters.

Child Support - Changes in the law

The child support laws in Minnesota changed as of January 1, 2007. The new law takes into consideration the income of both parents and the parenting time of each parent. Modifications based on the new law are limited, however, during the first year following the effective date of the act. Parties can seek a change in child support during the first year after enactment if there is at least a 20 percent change in the gross income of the obligor, if there is a change in the number of joint children for whom the obligor is legally responsible and actually supporting, if the child supported by the order becomes disabled, or if both parents consent to modification of the existing order.

Any party may request a modification based on the new child support guidelines after January 1, 2008, where there has been a substantial change in circumstances. The court presumes there has been a substantial change in circumstances and the current support is presumed unreasonable and unfair, if the application of the child support guidelines results in a calculation that is at least 20 percent and at least $75 per month higher or lower than the current support order.

If you feel that you might qualify for changes regarding a current child support obligation, you may wish to seek an experienced attorney to advocate for your rights. You can link directly to more information by accessing our Finding an Attorney page by clicking here.

Child Support - Resources

The Minnesota Legislature’s Research Department published an informative article outlining specifics in the Minnesota laws relating to child support. The article, Child Support Laws in Minnesota, can be found by clicking here (WARNING: PDF file, requires Adobe Reader to view).

If you would like to view the Minnesota Law that shows the changes referenced above (Minn. Stat. § 518A.39, (2006)) click here. You’ll be directed to a site maintained by the State of Minnesota, Office of the Revisor of Statutes, where you can view this and other statutes as well. Most of the statutes regarding child support may be found in the Minnesota Statutes, Chapter 581A.26--.78 (2006) by clicking here.

DHS maintains an online child support calculator. This calculator may help to determine what your responsibilities might be. You can access this by clicking here: DHS Child Support Calculator.

CHILD CUSTODY

The Attorney General’s Office does not have any authority to review custody decisions made by a court. Notwithstanding this limitation, we can provide the following information on child custody issues.

Minnesota law bases custody evaluations on the best interests of the child. Minn. Stat. § 518.17, subd. 1 (2006). There are several factors that the court considers when determining the best interests of the child. These factors may be seen at the State of Minnesota, Office of the Revisor of Statutes website by clicking here. Either parent may seek a modification of custody if one year has passed since the divorce. If a party wishes to modify a custody order, the court will not do so unless a change in circumstances has occurred so that the modification is necessary to serve the best interests of the child.

The general provisions outlining Minnesota law regarding child custody matters are contained within Chapter 518 of the Minnesota Statutes. Additionally, there are a number of other Minnesota Statutes that reference child custody issues. You can access the Minnesota Statutes relevant to child custody issues by viewing the Minnesota’s Office of the Revisor’s website here.

CHILD PROTECTION

Child protection in Minnesota is administered by the counties and supervised by the Minnesota Department of Human Services (“DHS” ). The Attorney General’s Office has no authority to intervene in such matters. DHS, however, does have oversight authority in such matters. DHS has released an informative article, which contains relevant child protection statistics, that you may access by clicking here.

To report suspected child abuse or neglect, contact your county social service agency or the police. If it is an emergency, call the police at 911. For a listing of local county social service agencies, click here. For general questions regarding child protection, you may email DHS directly at the following address: Dhs.Child.Safety-Permanency@state.mn.us.

As stated on the DHS child protection website, the purpose of child protection services is to help protect children from physical abuse, neglect, and sexual abuse, and to help families get the services they need to change their behaviors. The program is mandated by law in Minnesota Statute section 626.556, the Reporting of Maltreatment of Minors Act. Additional Minnesota Statutes referencing child protection can be found by clicking here.

FINDING A PRIVATE ATTORNEY:

The Minnesota State Bar Association Lawyer Referral System (“LRS”) provides the names of lawyers who practice a particular type of law in a particular county. If there is no match in the county, the system will provide a list of lawyers in other parts of Minnesota who practice the type of law requested. LRS is not a reduced fee or pro bono (free) service; you will need to discuss with the lawyer his/her fees when you meet. You can access the LRS by clicking here.

FINDING A LEGAL AID ATTORNEY:

Retaining an experienced attorney can put a strain on already limited resources. The Minnesota Legal Services Coalition (MLSC) is an association of seven Minnesota regional legal services programs which help low-income Minnesotans with a broad range of civil legal matters. Click this link http://www.mnlegalservices.org/ to find a legal aid office near you.

FINDING AN ATTORNEY FOR A SPECIFIC NEED:

Mental Health and Developmental Disabilities:

The Minnesota Disability Law Center is a legal aid office that assists individuals with mental and physical health issues. You can reach the MDLC as follows:

Minnesota Disability Law Center
430 First Avenue N., Suite 300
Minneapolis, MN 55401-1780.
(612) 334-5970
http://www.mndlc.org/

Children and the Law:

The Children’s Law Center
The Children’s Law Center (“CLCMN”) can arrange pro bono legal services to represent youth. It can be reached as follows:

Children’s Law Center of Minnesota
450 N. Syndicate
Suite 315
St. Paul, MN 55104
(651) 644-4438

PREPARING YOUR OWN CASE - PRO SE

If you decide to move forward with legal action and choose to represent yourself (also known as pro se), the Minnesota Judicial Branch website contains information to help educate you on what you’ll need to know before you move forward. Click here to access the information. This website provides users with a variety of resources, including court forms and other information for pro se litigants that helps them understand different aspects of the judicial branch.