Minnesota Child Custody and Support Guidelines

Minnesota Child Custody and Support Guidelines:

Joint or sole custody may be awarded, based on "the best interests of the child", with the relevant factors being:

• The relationship between each parent and the child.
• The child's primary caretaker.
• The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference.
• The child's adjustment to home, school, and community. Also considered is how long the child has been in a stable environment and the permanence of the custodial home.
• The mental and physical health of all individuals involved.
• The capacity and disposition of the parents to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed.
• Whether there is evidence of abuse, either between the parents, between the parent and another individual, or directed towards the child.

[Based on Minnesota Statutes; Chapter 518.17]

Marital misconduct is not an issue in the determination of child support. Child support is based on the Minnesota Child Support Guidelines, also taking into consideration the following factors as basis for deviation:

• The standard of living that the child has become accustomed to during the marriage.
• The financial needs and resources, physical and emotional condition, and educational needs of the child or children to be supported.
• Which parent will claim the child or children as a dependent for tax purposes, and what financial impact that will have.
• The parent's debts.
• Whether the parent paying child support is on public assistance.

If the parent receiving child support is on public assistance, child support shall be paid to the child enforcement agency as long as that parent receives assistance. Every support order must address income withholding for the obligated parent. [Based on Minnesota Statutes; Chapter 518.17 and 518.6111].