Child Support & Custody

Child Support & Custody

Overview

Child Custody and parenting time questions are very fact specific. Angela works with her clients to find creative solutions for custody and parenting time issues in an effort to decrease emotional and financial stress.

Lallemont Law, LLC can also assist you in answering the following child support questions:

  • My former spouse recently remarried. Will that change my child support obligation?
  • I just lost my job. Do I still have to pay child support?
  • What is a “substantial change of circumstances” to modify child support?
  • Do I have to pay for the baby’s birth?
  • What are child support arrears?
  • Can I claim my child as a dependent on my  income taxes?

Child Support & Custody Frequently Asked Questions

How much child support do I have to pay?

In Minnesota, child support is determined by a specific guideline formula that considers the following information:

  • Each parent’s gross monthly income (from all sources)
  • How many children live in each parent’s home
  • Any other child support orders for either parent
  • Any spousal maintenance orders for either parent
  • Benefits from Social Security or the U.S. Department of Veterans Affairs paid to a joint child due to a parent’s disability or retirement
  • The monthly premium cost for medical and/or dental coverage
  • The monthly cost of childcare
  • The number of overnights with the child(ren) awarded to each parent in the court order
What type of custody should I expect to be awarded?

Legal Custody: In Minnesota, the court presumes that upon request of either or both parties, joint legal custody is in the best interests of the child.   There are exceptions to this presumption – most notably if domestic abuse has occurred between the parents.

Physical Custody: The court looks at the best interests of the child when determining physical custody in Minnesota. The best interest factors are set forth in Minn. Stat. § 518.17 (Subd. 1).  Call Lallemont Law, LLC to review the best interest factors with the facts of your specific case.

When you meet with Lallemont Law, LLC, Angela will review your case and work with you to answer any other child-focused questions you may have, including:

  • Will I be awarded primary residence?
  • Will I be penalized on parenting time because I work a lot?  What if I travel for my job or have an unusual job schedule?
  • Does my gender or my child’s age have an impact on our custody order?
  • How do I protect my custody rights?
  • How do I make sure my parenting time schedule is fair?
  • What are my rights if my girlfriend is pregnant?
  • My new spouse wants to adopt my child, what is the process?
What are the differences between legal and physical custody in Minnesota?

“Legal Custody” refers to the right to make decisions about how to raise the child, including decisions about education, health care, and religious training.

“Physical Custody” refers to the right to make decisions about the routine day-to-day activities of the child and where the child lives.