Minnesota Child Support Enforcement Resource Center
- Minnesota Child Support Enforcement Measures
- Who Can Enforce Court-Ordered Child Support in Minnesota
- Minnesota Department of Human Services Caseload Statistics
- Interest on Missed Minnesota Child Support Payments
- Statute of Limitations on Back Child Support
- Statute of Limitations on Determining Paternity
- Age of Emancipation / Age of Majority
- Minnesota Guidelines for Setting Child Support Payments
- Custody and Visitation Issues
- You Have Options
Even if the non-custodial parent lives in another state, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
Minnesota Child Support Enforcement Measures
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures by the State of Minnesota to collect regular and past-due payments.
- Employment bonuses, assets held in financial institutions or in retirement funds and periodic lump sum payments parents receive from state or local agencies, including unemployment insurance, may be seized.
- If a non-custodial parent owes at least three months of current child support, the child support office reports the delinquency to credit bureau agencies.
- Driver’s, professional, and hunting and fishing licenses may be suspended.
- Passport applications may be denied if the parents owe more than $2500 or are not following a payment plan.
- Past-due child support may be collected from a parent’s federal and state income tax refunds, state or property tax credits, and state lottery winnings.
- Liens may be filed against his or her property or other assets. Assets may be frozen even when other account holders are listed with the obligor.
- A lawsuit may be filed against the non-custodial parent asking the court to enforce its order. The court may find a parent in contempt of court and impose a jail sentence if they have the ability but are not paying support.
Who Can Enforce Court-Ordered Child Support in Minnesota
The official child support enforcement agency for the State of Minnesota is the Child Support Enforcement Division of the Minnesota Department of Human Services. The Minnesota Department of Human Services is required by federal law to provide child support enforcement services free of charge and funded by the federal government and the State of Minnesota.
|MINNESOTA DEPARTMENT OF HUMAN SERVICES CASELOAD STATISTICS1|
|Full Time Equiv. Staff||1,590|
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
Support Collectors Collects Back Child Support on Minnesota Court Orders
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Interest on Missed Minnesota Child Support Payments
The State of Minnesota allows for interest to be charged on missed support payments. The interest for judgments is set by legislature. The current interest rate is 4%. For child support the interest rate is the judgment rate, plus 2%, totaling 6%.
Minnesota also charges interest on retroactive child support. If there is court-ordered obligation to pay a portion of the retroactive support on a monthly basis, and the obligor does not pay, then the annual judgment rate plus 2% is charged. If there is no court-ordered obligation to pay a portion of the retroactive support on a monthly basis, then interest is not charged.
MN Statute of Limitations on Back Child Support Payments (Arrears)
Minnesota has no statute of limitations on certain enforcement actions including: income withholding, state tax intercept, credit bureau reporting, license suspension, and contempt. The statute of limitations on judgments lasts for 10 years. Judgments can be renewed until paid in full.
MN Statute of Limitations on Determining Paternity
One year after child reaches age of majority, if there is no presumed father. Otherwise there is no statute of limitations. However, the MN IV-D agency does not pursue paternity actions for adult children.
Minnesota Age of Emancipation / Age of Majority
Minnesota Statute (518.54 Subsection 2) defines the age of emancipation as age 18, or age 20 if the child is still attending secondary school, whichever occurs later.
In Minnesota, child support is automatically terminated at 18 or until age 20 if the child is still attending secondary school, whichever occurs later. Support can extend beyond this date if specifically addressed in the order — such as for disability or if parties had agreed to an educational trust fund for cost of post-secondary education. Court orders for child support entered prior to 1973 had different statutory language regarding emancipation. Child support does not terminate if the child leaves the household but does not emancipate. However, if the child is in the care of another person (besides the custodial parent referenced in the court order) or if the child is eligible for TANF, then child support is assigned to the new caretaker. If the child is not eligible for TANF, then an order for the redirection of support is required.
Minnesota Guidelines for Setting Child Support Payments
Child support guidelines are based on the number of children and the monthly net income of the paying parent (obligor). Child support guidelines are reviewed every four years by the Minnesota Department of Human Services and set by the legislature.
If the court believes that the paying parent is not making as much money as they should, the payment amount may be based on earning potential. Earning potential is defined as income that the paying parent could potentially earn.
A table of current guidelines for setting support payments may be found on the Minnesota Department of Human Services website.
If the paying parent has net earnings of more than $6975 per month, the percentage applied will only apply to the first $6975. However, if the court finds that the child or children have additional or exceptional needs that require additional support, this may be increased.
Custody and Visitation Issues
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent has a duty to obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce its orders against either parent.
You Have Options
Any custodial parent not receiving public assistance may contract with an child support collection agency such as Support Collectors, or hire a private attorney, and at the same time have a case open with the Department of Human Services. We work harder to collect the child support you are owed.
Collecting support is all we do and we give you the personalized, dedicated attention that your case deserves. Call us at (888) 729-6661 or get started online right now! We don’t charge a cent until we put money in your pocket.