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My ex and I have an agreement that no child support shall be paid, why is there still a child support action being initiated?

March 4, 2o23

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When two parents separate, child support may be owed from one parent to the other. Typically, a child

support obligation is calculated pursuant to Minnesota Child Support Guidelines. However, there are

instances where parents can agree upon a different amount of child support or agree that no child

support shall be owed at all. So then why are there still times when a child support action is initiated if

both parents have agreed that no child support shall be paid?

If one parent is receiving public assistance (i.e. MFIP, General Assistance, Childcare Assistance, or

Medical Assistance) on behalf of a child, and that parent is not residing with the other parent as an

intact family, the State of Minnesota is then providing a form of support for that child. As such, the

State has a financial interest in the support of the child and may initiate a child support action over the

parents’ objections. So long as that public assistance remains in place, then a portion - or all - of the

child support is owed by the non-custodial parent to the State rather than to the custodial parent.

 

To learn more, contact Jenna Eisenmenger for an initial consultation.

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