How would Minnesota law be applied to situations similar to Kate and Jon Gosselin’s divorce with eight minor children of the marriage?

In Minnesota, presumptive guidelines based upon an “income shares model” apply to determine child support in divorce and in paternity cases.  Basically, this means that child support is presumptively determined based, in part, on the gross monthly incomes of both parents.  If a parent is either underemployed or not working outside the home, “potential income” could be used to determine that parent’s gross monthly income.

Other relevant factors in determining a presumptive amount of child support in Minnesota either initially or for modification purposes, include parenting time allocation for the joint children (children of both parents in the support proceeding), whether spousal maintenance is paid, the cost of dependent insurance (medical and dental) and the cost of work or education related child care.

Another relevant factor is whether either parent has a “non-joint child.”  A “non-joint” child is a child of one but not both parents involved in the support proceeding.  To qualify as a “non-joint” child, the child must live primarily with one of the parties but no other child support order exists for the “non-joint” child.  Step-children do not qualify as “non-joint” children.

In Minnesota, the presumptive guidelines apply to a maximum of six joint children.  In cases like Kate and Jon Gosselin’s divorce where eight joint children exist, the court may determine child support without specifically following the child support guidelines.

Minnesota also establishes a maximum presumptive child support amount.  Currently, the maximum child support by law is combined gross monthly income of $15,000 per month.  This means that if the parties have combined gross monthly income greater than $15,000 per month, it is presumed that the amount of child support will still be based upon combined gross incomes of $15,000.  The parties can agree to a greater amount of monthly child support.  The court also has the authority to deviate above the guidelines if it makes specific findings to support the deviation.

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Minneapolis family law and child support attorney Geri Napuck delievers personalized representation to the Twin Cities. She practices exclusively in the area of family law and has extensive experience representing clients in divorces, child custody issues, parenting issues, property division, spousal maintenance, post-divorce matters, paternity and most recently has added pet mediations to her list of mediation services.

Contact Minnesota, MN divorce attorney Geri Napuck today to schedule a free 30 minute phone consultation. She is ready to listen and will meet with potential clients or clients outside of her four office locations in the Minneapolis metro area.

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