Chermack Law

  • Practice Areas
    • Family Law
    • Bankruptcy
    • Adoption
    • Housing Law
  • About Liz
  • Contact
  • Blog
  • Se Habla Español

Potential income and child support

Posted on May 31, 2017 by Elizabeth Rosar Chermack

In order to calculate the amount of child support that should be ordered in Minnesota, the amount of each parent’s gross monthly income needs to be determined.

Sometimes it is easy to determine each parent’s income for child support purposes. For example, when a parent earns a regular salary each month as a W-2 employee, there aren’t a lot of questions about the amount of their income.

What if a parent is not employed OR what if a parent is voluntarily underemployed?

In Minnesota there is a rebuttable presumption that a parent can be gainfully employed on a full-time basis. See Minn. Stat. §518A.32 subd. 1.

If a parent is unemployed or voluntarily underemployed, then child support is typically calculated on the basis of potential income. See Minn. Stat. §518A.32 subd. 1.

How is potential income calculated? (1) Based on the parent’s probable earnings; (2) The actual amount of unemployment compensation or workers’ compensation benefit received; or (3) the amount they would earn by working 30 hours per week at a job that pays minimum wage. See Minn. Stat. §518A.32 subd. 2.

 

Elizabeth Rosar Chermack is a lawyer who practices family law in Minnesota, and can represent you in your child support case.   Call (952) 491-0390 or send an email to liz@chermacklaw.com to schedule a consultation with her.

ATTORNEY ADVERTISING MATERIAL. The content of this website is for informational purposes only and is not intended as legal advice. No attorney/client relationship is formed by use of this website. Do not submit confidential information via this site unless and until there is a signed retainer contract on file.

Posted in Family Law | Tags: child support |
« New means test numbers – effective May 1, 2017
Changing custody and parenting time when both parents agree »

Recent Posts

  • Updated means test numbers – effective November 1, 2020
  • Uncontested Flat Fee Divorce and Custody Cases
  • Family Law Intake Forms
  • Balancing Act: Episodes 31 thru 35
  • Balancing Act: Episodes 28 thru 30

CyberChimps WordPress Themes

© Elizabeth Rosar Chermack, Attorney at Law. Disclaimer: The content of this website is provided for informational purposes only. Information you obtain from this website is not, nor is it intended to be, legal advice. You should consult an attorney for individualized advice. Use of this website does not create an attorney-client relationship. Elizabeth Rosar Chermack, Attorney at Law, is a designated debt relief agency by an Act of Congress and the President of the United States. She assists consumers seeking relief under the U.S. Bankruptcy Code.