2025 Minnesota Child Support Q&A

Q: What changed about medical support for child support in Minnesota in 2025?

Medical Support: Minn. Stat. § 518A.41 

• Definition of health care coverage changed to include public coverage (Medical Assistance). Minn. Stat. § 518A.41, subd. 1(a). 
• Public health care coverage is presumed appropriate. Minn. Stat. § 518A.41, subd. 3. 
• If public coverage is in place, the court does not need to determine whether private coverage is available. 
• No longer a preference for private coverage. 
• Noncustodial parents with PICS less than 200 percent of federal poverty guidelines OR who receive public assistance must not be ordered to contribute toward the cost of public health care coverage. Minn. Stat. § 518A.41, subd. 5(g)(2). 
• Definition of affordability: Minn. Stat. § 518A.41, subd. 3(4). 
• Dependent private health care coverage is presumed affordable if the marginal cost for the child does not exceed 5% of the combined monthly PICS. 
• Court may also consider high deductibles and the cost to enroll the parent if they must enroll themselves to access coverage for the child. 
• Administrative suspension of medical support: Minn. Stat. § 518A.41, subd.16a. 
• Public authority may suspend medical support obligation of the noncustodial parent if the parent with primary physical custody fails to carry court-ordered private health care coverage. 
• Medical support obligation may reinstate when coverage has resumed. 
• Parties will be provided notice and an opportunity to request a hearing to contest. 
• Previously only allowed to remove offset created when basic support obligee was ordered to pay medical support to basic support obligor who failed to provide health care coverage. Minn. Stat. § 518A.41, subd. 16

Q: What are the discovery rules for child support cases in Minnesota?

General Rules of Practice Rule 361

Rule 361.01 allows any party to call witnesses to testify. If a party plans to call someone other than an employee of the county agency or any party to the proceeding, 7 days before the hearing they must provide a written notice of the name and address of each witness.

Rule 361.02 requires documents to be provided upon request of a party if a complaint or motion has been served and filed in the expedited process. 

• Verification of income, costs and availability of dependent health care coverage, child care costs, monthly living expenses, and if self-employed monthly business expenses 
• Copies of last three months of paystubs 
• Copies of last two years state and federal income tax returns with all schedules and attachments 
• Written verification of voluntary payments made for a joint child 
• Written verification of court ordered child support obligations for nonjoint children 
• Written verification of court ordered spousal maintenance obligation 
• Financial statement

**If a party fails to comply, they must be prepared to explain to the magistrate, who then may impose remedies in Rule 361.04.

Q: Can I subpoena documents in a child support case?

• Rule 361.03 any additional means of discovery, including subpoenas for witnesses or documents may be allowed but only by order of the magistrate. 
• Motion must include the reasons for the request 
• Include notice to the party that they have 7 days to respond 
• Party seeking discovery has the burden of showing that discovery is needed for the case and not for purposes of delay or harassment and the issues in dispute justify the discovery 
• May be decided without a hearing unless the magistrate determines a hearing is necessary 
• If granted the requesting party must serve the approved discovery requests on the responding party and the responses are due 14 days following service 
• Motion for subpoena must specifically identify any documents requests and include the full name and addresses of persons being subpoenaed, as well as the date and time for responding to a subpoena. 
• If the subpoena is approved, it is must personally served 
• Objections to discovery or subpoena must be filed and served within 7 days of the request

Q: What happens if someone doesn’t comply with discovery in child support proceedings?

Rule 361.04 a party may file a motion to compel if a party fails to comply with discovery. May be decided without a hearing unless a magistrate determines a hearing is necessary. 

• Order the parties to exchange information 
• Deny the discovery 
• Affirm, modify, or quash the subpoena 
• Issue a protective order 
• Set or continue a hearing 
• Conduct a hearing and keep the record open 
• Order other discovery allowed under the Rules of Civil Procedure

**Failure to comply with discovery may result in the magistrate taking the subject matter of the discovery or any relevant facts as established by the party requesting the order; prohibit the non-compliant party from supporting or opposing claims or defenses and prohibiting that party from introducing evidence; or issue any other order that is appropriate in the interests of justice, including attorney’s fees and sanctions.

Q: What counts as income for child support in Minnesota?

Definition of gross income – Minn. Stat. § 518A.29 (a)

Income earned before deductions, including any form of periodic payment: 

• Salary 
• Wages 
• Commissions 
• Worker’s comp 
• Unemployment benefits 
• Annuity 
• Pensions/retirements (military or otherwise) 
• Spousal maintenance received 
• Social Security/Veteran’s benefits 
• Regular cash gifts

May be included 

• Bonus income if regularly received
  Derosier v. Derosier, 551 N.W.2d 507 (Minn. App. 1996) – Annual bonus was regular income. 
• Interest/dividend payments if regularly received
  Dinwiddie v. Dinwiddie, 379 N.W.2d 227 (Minn. App 1985) – Finding error in deducting unearned income of interest/dividends received. 
• Student loan income in excess of books/tuition
  Gilbertson v. Graff, 477 N.W.2d 771 (Minn. App. 1991) – Child would benefit if living in same household and payments were regular and periodic.

Q: What income is NOT counted for child support calculations?

NOT included 

• Employment in excess of 40 hours.
  As long as child support is guideline amount and
  The party demonstrates, and the court finds 
  • Excess employment began after legal action (dissolution/custody/parenting time/support) 
  • Increase in work schedule over 2 years immediately preceding legal action 
  • Voluntary or Compensable by the hour or fraction of the hour and 
  • Not changed to affect child support 
• Expense reimbursements (mileage) 
• Child Support (rebuttal presumption that adoption assistance, Northstar and foster care are NOT) 
• Spouse’s income 
• Spousal maintenance from another 
• Public assistance
• Self-Employment income is defined in Minn. Stat. §518A.30

Q: How does imputed income work in Minnesota child support cases?

Potential or Imputed Income – Minn. Stat. §518.32 

• Rebuttable presumption everyone can work 40 hours per week, except in industries in which the norm is not a 40-hour week (such as nursing). 
• If receiving unemployment or worker’s compensation, court can calculate using those benefits. 
• Look at probable earnings based on employment potential, recent work history, and job qualification based on available jobs in the community. 
• Default standard (in the absence of any reliable info) – amount a parent could earn working 30 hours per week at minimum wage.