Minnesota Courts have broad discretion in providing for the support of minor children. This has been explained many different ways by the Minnesota appellate courts.
In Minnesota, our lawmakers established Child Support Guidelines, which is a pre-determined set of guidelines for the financial support of minor children, and can be found at Minnesota Statutes, section 518A.35 subds. 1(a), 2.
But the guidelines don’t tie the court’s hands. Courts can and will come up with a different support amount, if the parents agree and the court approves. This was declared by the Supreme Court in Rutten v. Rutten. 347 N.W.2d 47 (Minn. 1984) and at Minnesota Statute section 518A.43 which explains that courts may deviate, upward or downward, from the guidelines amount.
Courts also have considerable discretion over when a parent becomes responsible for providing a child’s financial support, and make a child support award retroactive to the child’s birth. According to the Minnesota Supreme Court decision, Jacobs v. Jacobs, absent good reason, the obligation to support dates to child’s birth. 309 N.W.2d 303 (Minn. 1981).
Parents seeking financial support for their children, should be aware that the law can allow for more financial support than the Minnesota Child Support Guidelines would otherwise provide.
Meet Tim Simonson
Tim has been practicing for more than twenty (20) years now, He's handled divorce, child support, child custody, third party and grandparent rights, domestic abuse, parenting time, and many other areas of family law. He always enjoys the chance to meet people and see whether he can help find solutions to their legal problems.
Contact Beyer & Simonson
If you are facing divorce and any of the divorce-related issues such as spousal maintenance, child support, child custody, property division, or domestic abuse matters, you need our experienced Minneapolis divorce attorneys to help you. Contact Beyer & Simonson in Edina, Minnesota today at (952) 303-6007.
