How Do Child Support Arrears Work In Minnesota?

Understanding Child Support Arrears: Options and Consequences in Minnesota

Child support is a critical responsibility that ensures the well-being and financial stability of a child following a separation or divorce. In Minnesota, as in other states, the law mandates that non-custodial parents provide financial support to help cover the costs associated with raising their child. However, sometimes circumstances arise where a parent falls behind on their child support payments, leading to what is known as "child support arrears."

This article explores what child support arrears are, the consequences of failing to pay, and the options available to those facing arrears. Additionally, we'll emphasize the importance of seeking legal counsel to navigate this complex issue effectively.

What Are Child Support Arrears?

Child support arrears refer to unpaid child support that a parent owes according to a court order. When a parent falls behind on payments, the overdue amount accumulates as arrears. Unlike other debts, child support arrears do not simply disappear over time; they remain until paid in full.

Under Minnesota Statutes § 518A.26, child support obligations are enforceable by the court, and failure to meet these obligations can lead to significant legal consequences.

Consequences of Falling Behind on Child Support

Falling behind on child support payments can result in a series of escalating consequences, many of which can severely impact a parent's life. Minnesota law provides several mechanisms for enforcing child support orders and collecting arrears:

1. Income Withholding

   • The most common method of collecting child support is income withholding, where a portion of the non-custodial parent's wages is automatically deducted to pay for child support. If arrears accrue, additional amounts may be withheld to pay down the debt.

2. Tax Refund Interception

   • Under Minnesota Statutes § 270A.03, the state may intercept federal and state tax refunds to pay child support arrears. This process, known as tax refund offset, is a powerful tool for collecting overdue support.

3. License Suspension

   • Minnesota law allows for the suspension of various licenses, including driver’s licenses, professional licenses, and recreational licenses, if a parent is in arrears for child support. This can significantly impact a parent's ability to work and meet daily responsibilities.

4. Property Liens and Seizure

   • Liens may be placed on a parent's real estate or other property and may even seize assets such as bank accounts, vehicles, or other valuable items to satisfy the arrears.

5. Credit Reporting

   • Unpaid child support can be reported to credit agencies, leading to a significant drop in credit score. This can make it more difficult for the parent to obtain loans, mortgages, or even rental agreements.

6. Contempt of Court

   • If a parent willfully refuses to pay child support, the court may hold them in contempt, leading to fines, penalties, or even jail time.

Options for Managing and Reducing Child Support Arrears

Given the severe consequences associated with child support arrears, it is crucial for parents to take proactive steps to manage and reduce their debt. Several options are available in Minnesota to help address child support arrears:

1. Payment Plans

   • A parent with arrears can negotiate a payment plan with the Minnesota Child Support Enforcement (CSE) agency, opposing party, or the court. This plan allows the parent to make smaller, manageable payments over time to pay off the arrears.

2. Modification of Child Support Orders

   • If the parent’s financial situation has changed significantly since the original child support order was issued, they may request a modification of the support amount. Under Minnesota Statutes § 518A.39, a parent can seek a modification based on a substantial change in circumstances, such as job loss, a decrease in income, or an increase in the child’s needs.

3. Arrears Forgiveness Programs

   • In certain situations, Minnesota offers arrears forgiveness programs where the state may forgive a portion of the arrears if the parent demonstrates a commitment to paying current child support obligations and any remaining arrears.

4. Bankruptcy

   • While child support obligations themselves are not dischargeable in bankruptcy, filing for bankruptcy may help manage other debts, freeing up more income to pay off child support arrears.

5. Seek Legal Advice

   • Navigating the complexities of child support arrears can be daunting. Consulting with an experienced family law attorney can help you understand your rights and options. An attorney can negotiate on your behalf, help you apply for modifications, and represent you in court if necessary.

Relevant Minnesota Statutes

For those who wish to explore the legal framework further, the following Minnesota statutes are particularly relevant to child support arrears:

• Minnesota Statutes § 518A.26: Definitions

• Minnesota Statutes § 518A.39: Modification of Child Support Orders

• Minnesota Statutes § 270A.03: Revenue Recapture Act

Conclusion

Child support arrears can lead to severe financial and legal consequences that can affect nearly every aspect of a parent’s life. However, with the right approach and legal guidance, it is possible to manage and reduce arrears, ensuring compliance with child support obligations while avoiding the most serious penalties.

If you are facing child support arrears, it is essential to act quickly and seek professional legal assistance. At RAM Law PLLC, our experienced family law attorneys can help you explore your options, negotiate with enforcement agencies, and represent you in court to protect your rights and your future.

Contact us today to schedule a consultation and take the first step toward resolving your child support issues.