As a Twin Cities Child Support Attorney, Ryan Schmisek routinely handles matters to establish child support, enforce existing child support orders, or modify orders. We handle cases where the parties and children all live in Minnesota, as well as, complex multi-state matters under the Uniform Interstate Family Support Act (UIFSA).
Minnesota uses a statutory formula to determine child support, generally referred to as “the guidelines.” The guidelines use the parties’ incomes, the costs of certain kinds of child care costs, the costs of medical insurance premiums, the number of children, and the parties’ relative amounts of parenting time to determine the amount of monthly obligation. There are also situations in which a deviation from the guideline amount of support is appropriate, as with a special needs child.
The court can require each parent to support his or her children when the parents live separately. A parent seeking support can obtain a court order which requires monthly support payments. A child support order is enforceable by the court. If payments are not made, the order can be enforced in one of several ways.
The most common form of enforcement is an income deduction order, which is what some people refer to as wage garnishment. When a parent is behind on support payments or continually makes late payments, a court order may be obtained to have the payments automatically deducted from their wages by their employer. This withholding of wages can be accomplished for past-due payments, as well as current payments. Another form of support enforcement is the withholding of tax refunds, where the parent’s refund is seized in order to make past due payments. Also, a parent’s driver’s license or other license issued by the state can be suspended until they catch up with their delinquent child support payments. These are just a few of the most common forms of child support enforcement.