A parenting expense adjustment is a reduction in basic child support given to a parent because they are paying for the child’s needs during their parenting time. On August 1, 2018, a new law changed how the court adjusts the basic child support amount for parenting time expenses to be based on the number of overnights with the child(ren) each parent was given in their court order. See
Minn. Stat. § 518A.36. You may find it helpful to review the
Calculating the Number of Overnights flowchart.
Child support orders issued before August 1, 2018 have not changed automatically because of this law, and it only affects parents who have court-ordered parenting time. You can use the
flowchart to help you determine whether the parenting expense adjustment applies to your child support calculation. If you have a court order that states the number of overnights and you would like to have the amount of your child support recalculated, you will need to file a Motion to Modify Child Support.
If you have a court order for parenting time but the number of overnights is not clear (for example, the order says reasonable parenting time or parenting time as agreed by the parties, or parenting time is reserved), you can file a
Motion for Parenting Time Assistance asking the court for an order with a more specific schedule. You could then consider filing a Motion to Modify Child Support.
If you do not have a court order for parenting time, you may be able to file a
Petition to Establish Custody and Parenting Time asking the court to issue an order establishing custody and a specific parenting time schedule. You could then consider filing a Motion to Modify Child Support.
See the
MN Department of Children, Youth, and Families FAQ for more information.