Q: I have a special needs child who requires extra care. Is there a way I can get more child support because of his special needs?
A: Minnesota law allows for upward deviations of child support in a few circumstances. One factor the Court considers is the extraordinary financial needs and resources, physical and emotional condition, and educational needs of the child to be supported. If you can demonstrate to the Court the needs of your child and the cost thereof, you may be able to obtain more than the presumptive child support amount. However, that fact alone is not enough for the Court to order an upward deviation. The Court is also required to consider the financial situation of both parents in ordering a deviation.
This is the reason that our law refers to “Minnesota Child Support Guidelines” rather than a hard-and-fast rule. Our lawmakers have built in some level of adaptability, given that a family can have a unique situation that warrants something other than an inflexible child support amount.
By: Letty Van Ert