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Minnesota Child Support Definitions

Minnesota statutes define many terms in many areas of law. The following are how the legal world defines these words and phrases for purposes of child support law in Minnesota.

Apportioned Veterans' Benefits

The apportioned veterans' benefit is the amount the Veterans Administration deducts from the veteran's award and pays to the child or the child's representative payee. The allotment of veterans' benefits is determined by the Veterans Administration and governed by federal regulations.

Arrears

Arrears are the amount of debt that accrues when an obligor fails to comply with a support order. Past support and pregnancy and confinement expenses included in a support order are arrears if the court order does not contain repayment terms. Arrears also arise when the obligor fails to fulfill the terms of a court order for repayment of past support or pregnancy and confinement expenses. An obligor's failure to meet the terms for repayment of amounts due for past support or pregnancy and confinement turns the entire amount owed into arrears. Learn more about collection of arrears.

Basic Support

Basic support is the baseline obligation computed according to statutory guidelines. Basic support includes the dollar amount ordered for a child's housing, food, clothing, transportation, and education costs, and other expenses relating to the child's care. Basic support does not include contributions to a child's daycare expenses or medical and dental expenses.

Child

A child is an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who by reason of physical or mental condition is incapable of self-support.

Deposit Account

A deposit account is an account where funds are deposited at a financial institution in the form of a savings account, checking account, NOW account, or demand deposit account.

Financial Institution

A financial institution is a savings association, bank, trust company, credit union, industrial loan and thrift company, bank and trust company, or savings association, and includes a branch or detached facility of a financial institution.

Gross Income

Gross income is the income of the parent calculated according to Minnesota law.

Income Withholding Only Services

Income withholding only services are the services provided by the public authority to collect payments pursuant to a support order but do not include other enforcement services provided by the public authority for IV-D cases. Notices required for income withholding are initiated by the applicant for services. Certain obligations for spousal maintenance are only eligible for income withholding only services.

IV-D Case

An IV-D case is a case where a parent has assigned to the government certain rights to child support because of the receipt of public assistance as defined in Minnesota law or has applied for child support services under title IV-D of the Social Security Act, United States Code, title 42, section 654(4). Certain obligations for spousal maintenance are not IV-D cases.

Joint Child

A joint child is the dependent child who is the child of both parents in the support proceeding. In cases where support is sought from only one parent of a child, a joint child is the child for whom support is sought.

Nonjoint Child

A nonjoint child is the legal child of only one of the parents in the support proceeding. Nonjoint children do not include stepchildren.

Obligee

An oblige is a person to whom payments for maintenance or support are owed.

Obligor

An obligor is a person obligated to pay maintenance or support. A person who has primary physical custody of a child is not an obligor for purposes of a child support order in most cases. However, in some situations, or if the court makes specific written findings, then the primary custodial parent can be an obligor. A parent who has primary physical custody of a child may sometimes be an obligor subject to a payment agreement.

Parental Income for Determining Child Support (PICS)

Parental income for determining child support, or PICS, means gross income minus deductions for nonjoint children.

Payor of Funds

The payor of funds is a person or entity that provides funds to an obligor, including an employer, an independent contractor, payor of workers' compensation benefits, or unemployment insurance benefits, or a financial institution.

Primary Physical Custody

The parent having primary physical custody is the parent who provides the primary residence for a child and is responsible for the majority of the day-to-day decisions concerning a child.

Public Authority

A public authority is the local unit of government, acting on behalf of the state, that is responsible for child support enforcement or the Department of Human Services, Child Support Enforcement Division.

Social Security Benefits

Social Security benefits are the monthly retirement, survivors, or disability insurance benefits that the Social Security Administration provides to a parent for that parent's own benefit or for the benefit of a joint child. Social Security benefits do not include Supplemental Security Income benefits that the Social Security Administration provides to a parent for the parent's own benefit or to a parent due to the disability of a child.

Support Money & Child Support

Support money, or child support, means an amount for basic support, child care support, and medical support pursuant to one of the following:

an award in a dissolution, legal separation, annulment, or parentage proceeding for the care, support and education of any child of the marriage or of the parents to the proceeding;
a contribution by parents ordered by the court; or
support ordered by the court.

Support Order

A support order is a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or administrative agency of competent jurisdiction:

for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state;
for a child and the parent with whom the child is living, that provides for monetary support, child care, medical support including expenses for confinement and pregnancy, arrearages, or reimbursement; or
for the maintenance of a spouse or former spouse.

The support order may include related costs and fees, interest and penalties, income withholding, and other relief.

Survivor & Dependent Educational Assistance

Survivors' and dependents' educational assistance are funds disbursed by the Veterans Administration under United States Code, title 38, chapter 35, to the child or the child's representative payee.