There are three ways you can get a Child Support Order.
- File legal papers with the court yourself or with the help of an attorney.
- Ask the Child Support Office in the county where you live for services.
- The county can start a child support action on your behalf without your request if you are receiving public assistance.
After the court receives all of the motion papers, there may be a hearing where both parents participate and discuss their financial situation. The judicial officer then looks at all of the information and issues a court order. That ruling will order the non-custodial parent to pay child support every month.
Filing a motion with the courts by yourself or with an attorney
You can find the forms you need to file papers in court on line at www.mncourts.gov or you can go to your local court to find out where the nearest self-help desk is to get the forms in person. If you have an attorney, then they will prepare these papers for you. You must follow all the directions that are provided with the forms.
Ask the county for child support (IV-D) services
You can ask your County’s Child Support Office for its services. Either parent can apply to receive child support services (IV-D services).
The application fee is $25 unless the applicant receives public assistance.
You will be assigned a child support officer who will be in charge of your case, that person will gather the necessary information about your case, prepare the paperwork necessary and schedule a hearing if necessary for a judicial officer to address the child support issues.
Although the county acts on behalf of the person asking for the services, the county does not represent any individuals in the case. The county attorney appearing in the case is there only to represent the county. Either party can still bring their own attorney if they choose.
More information about state child support services.
Receiving public assistance
There are financial implications and consequences to both custodial and non-custodial parents when the child receives public assistance from the county.
When a custodial parent receives public assistance on behalf of their child in the form of MFIP (Medical Assistance, Minnesota Care) or Child Care Assistance, the county that is providing the assistance may start a child support action against the non-custodial parent.
Calculating child support
The court considers many factors when calculating child support, including:
- The gross income of both parents (this includes any income received by the parents regardless of whether it is through a cash only job or a “pay check” job)
- The cost of health and insurance for the children
- How many other children live in each household
- Whether there is a parenting time court order or agreement
- Child care costs
- Whether there is public assistance paid by the county on behalf of the child
- Whether the child has special needs.