In what seems to be an almost yearly occurrence, members of the Minnesota State Legislature have introduced legislation, which, if adopted, would substantially change the way child support is calculated in Minnesota.

Under existing law, non-custodial parents who have parenting time with their minor children between ten percent and forty-five percent of the year receive a standard twelve percent (12%) reduction to their child support payments to reflect monies spent on the children while in their care.  This reduction is referred to as the Parenting Expense Adjustment.

The newly proposed legislation would seek to alter the way Courts apply the Parenting Expense Adjustment by creating an extra category of child support reduction for those non-custodial parents who have parenting time between thirty percent and forty-five percent of the year.  Those parents would receive a thirty percent (30%) reduction to their child support obligation, instead of the standard twelve percent (12%) that they receive now.

The legislation would also expand the presumed amount of parenting time Courts would be required to award to non-custodial parents.  Currently, in the absence of other evidence, it is presumed that non-custodial parents should receive at least twenty-five percent (25%) of the parenting time with the minor children.  The proposed legislation would expand this presumption to forty percent (40%).  The law would also require Courts to make detailed written findings specifically identifying the reasons for failing to adhere to the legal presumption.

According to information on the Minnesota State House and Senate websites, the bill has been laid over in committee.  It is unclear whether any action will be taken on the bill before the end of the legislative session.  If, however, the bill were to become law, it would dramatically change the way parenting time is handled in Minnesota.  Effectively, it would create a presumption of nearly equal parenting time, shifting the burden of proof to the custodial parent to show why an award of forty percent parenting time is not in the best interests of the child.  The legislation is contained in Minnesota State House File No. 1003 and Minnesota State Senate File No. 1223.