Minn.Stat. § 518.17

Law changed since The 1986 repeal removed former § 518.17, subdivisions 4 and 5, and moved much of the child support framework to § 518.551, subdivision 5; this note states the earlier § 518.17 rule.

Section 518.17, subdivision 5 requires a court modifying child support to apply the statutory guidelines unless it makes express findings justifying a deviation.

Marriage of Hoppenrath v. Cullen · filed 1986-03-11subd. 5

On remand, the trial court must apply the statutory guidelines and enter an order increasing the amount of child support unless it makes express findings of fact justifying the deviation.

Law changed since Same change as noted above.

Section 518.17, subdivision 4 requires courts to consider its five child support factors together, but does not require separate findings on each factor.

Marriage of Valento v. Valento · filed 1986-04-22(4)

A trial court is not required to make specific enumerated findings for each of the five factors listed in section 518.17, subd. 4. ... All that is required is that the trial court generally consider the five statutory factors in conjunction with each other.

Law changed since Same change as noted above.

Section 518.17, subdivision 4, requires a court departing from the child support guidelines to consider each parent’s and child’s resources and reasonable needs and the child’s expected standard of living had the marriage continued.

Marriage of Riley v. Riley · filed 1986-04-22subd. 4

When departing from the guidelines, the trial court is to consider factors stated in Minn.Stat. § 518.17, subd. 4, including the resources and reasonable needs of each parent and the child and the standard of living the child would have enjoyed had the marriage not been dissolved. ... In the present case, the trial court’s decision to award more child support than the amount contemplated by the guidelines is a reflection of relevant statutory factors.

Law changed since Same change as noted above.

Section 518.17, subdivision 5 requires findings in a public assistance child support case only when the court deviates from the guidelines.

Carver County Community Social Services v. Fritzke · filed 1986-08-19(5)

If this is a public assistance case, findings are required only if the trial court deviates from the guidelines. Minn.Stat. §§ 518.17, subd. 5; 518.551, subd. 5(e).

Law changed since Same change as noted above.

Subdivision 5 requires application of the child support guidelines in all cases but permits a lower award when the court makes express findings explaining the departure.

Marriage of Halper v. Halper · filed 1984-05-01(5)

While Minn.Stat. § 518.17, subd. 5 (Supp. 1983) requires application of the guidelines in all cases, it also provides for departures when the court makes express findings of fact as to the reason for lower support.

Law changed since Same change as noted above.

Section 518.17(5) requires express findings of fact before a court orders child support below the guideline amount.

Letourneau v. Letourneau · filed 1984-07-03(5)

In addition, as of August, 1983, courts are prohibited from ordering non-custodial parents to pay support in an amount below the child support guideline figures contained in Minn. Stat. § 518.551(5) “unless the court makes express findings of fact as to the reason for the lower order.” Minn.Stat. § 518.-17(5) (Supp.1983).

Law changed since Same change as noted above.

Subdivision 5 applies the child support guidelines in non-public assistance cases and permits a lower support order only for a permissible reason supported by express findings.

Bakke v. Bakke · filed 1984-07-10Subd. 5

Minn.Stat. § 518.17, Subd. 5 (Supp.1983), extends the child support guidelines contained in Minn.Stat. § 518.551, Subd. 5 (Supp.1983), to non-public assistance cases. ... None of the factors listed by the trial court is a permissible reason for a downward departure from the guidelines.

Law changed since Same change as noted above.

Section 518.17, subdivision 5 incorporates the child support guidelines in all child support cases and requires an award no lower than the public assistance guideline amount unless the court makes express findings.

Marriage of Ferguson v. Ferguson · filed 1984-10-30subd. 5

The guidelines are incorporated for use in all child support cases by Minn.Stat. § 518.17, subd. 5 (Supp.1983). This statute requires the court to set child support at an amount not less than the guidelines set for public assistance cases unless the court makes express findings of fact.

Law changed since Same change as noted above.

Section 518.17 permits support below the guidelines when the court considers the subdivision 4 factors and makes express findings explaining the departure.

Potocnik v. Potocnik · filed 1985-01-22(5)

Here the court made the findings of fact required by the two statutory sections dealing with departure. The findings acknowledge the needs of the child and her mother, and otherwise deal with factors enumerated in Minn.Stat. § 518.17, subd. 4. The findings indicate the reasons for departure below the guidelines.

Law changed since Same change as noted above.

Section 518.17 requires express findings based on the statutory factors to set child support below the guidelines; larger departures require more persuasive facts.

Kusel v. Kusel · filed 1985-01-22subd. 5

The amount of child support may not be below the guidelines amount “unless the court makes express findings of fact as to the reason for the lower order.” Minn.Stat. § 518.17, subd. 5 (Supp.1983). Such findings should take into account the above factors. ... While these findings are not compelling in their justification for a downward departure, they are adequate in that they take the statutory factors into account. Further, the downward departure was a comparatively small amount. A larger departure would require correspondingly more persuasive facts.

Law changed since Same change as noted above.

Subdivision 5 requires express findings explaining a downward departure from the child support guidelines.

Marriage of Trebelhorn v. Uecker · filed 1985-02-12subd. 5

However, the court may deviate downward from the support guidelines only if it makes “express findings of fact as to the reason for the lower order.”

Law changed since Same change as noted above.

Subdivision 5 requires express findings explaining a child support award below the guidelines.

Marriage of Pekarek v. Pekarek · filed 1985-02-19subd. 5

The trial court may deviate downward from the support guidelines only if it makes "express findings of fact as to the reason for the lower order." See Minn.Stat. § 518.17, subd. 5 (Supp.1983).

Law changed since Same change as noted above.

Section 518.17, subdivision 5 permits child support below the guidelines when the court expressly finds reasons for the lower award; substantial assets awarded to the receiving parent can support a deviation.

Marriage of Novick v. Novick · filed 1985-04-16(5)

A court may order child support in an amount below the guidelines if the court “makes express findings of fact as to the reason for the lower order.” Minn.Stat. § 518.17, subd. 5 (Supp.1983). ... Karen was awarded substantial assets, with minimal offsetting liabilities. A substantial portion of those assets consists of investments and cash. ... Under these circumstances, the trial court did not abuse its discretion in deviating downward from the applicable child support guidelines.

Law changed since Same change as noted above.

Section 518.17, subdivision 5, permits a downward child support deviation when the court makes express findings explaining the lower award and addressing the child’s financial resources and needs.

Marriage of Berthiaume v. Berthiaume · filed 1985-05-28subd. 5

A court may deviate downward from the child support guidelines if it makes “express findings of fact as to the reason for the lower order,” as well as “findings of fact regarding the financial resources and needs of the child.” Minn.Stat. § 518.17, subd. 5 (1984). ... The trial court sufficiently articulated its rationale for deviating from the guidelines.

Law changed since Same change as noted above.

Section 518.17, subdivision 5 requires findings supporting a child support award below the guidelines, but the findings need not be exhaustive.

Hedelius v. Hedelius · filed 1985-01-29(5)

Finally, although the court’s findings are not as detailed as they might have been, we hold that they nonetheless satisfy the requirement of Minn.Stat. § 518.17, subd. 5 (Supp.1983), and support the lower award.

Law changed since Same change as noted above.

Section 518.17 requires express findings explaining a child support award below the statutory guidelines and leaves a downward deviation to the trial court’s discretion.

Marriage of Stewart v. Stewart · filed 1985-09-17subd. 5

The legislature has mandated, however, that the amount of child support awarded shall not be lower than that dictated by statutory guidelines unless the trial court considers the above factors and makes express findings of fact as to the reason for the lower order. Id., subd. 5.

Law changed since Same change as noted above.

Section 518.17, subdivision 5 requires express written findings about the children’s financial resources and needs when child support is set below the guidelines.

Marriage of Goar v. Goar · filed 1985-05-28(5)

A departure downward must be accompanied by express written findings regarding the financial resources and needs of the children.

Law changed since Same change as noted above.

Section 518.17, subdivision 5 requires express findings explaining a child support award below the guidelines after the court considers the subdivision 4 factors.

Moylan v. Moylan · filed 1986-04-11(5)

Section 518.17, subd. 5, requires that where the court setting the amount of child support deviates from the guidelines and orders that child support be set at an amount below the guidelines amount, it must make express findings on the reasons for the lower court order after having considered the factors in Minn.Stat. § 518.17, subd. 4.

Law changed since Same change as noted above.

Section 518.17, subdivision 5, requires express findings explaining a child support order below the statutory guidelines.

Pitkin v. Gross · filed 1986-04-15(5)

However, the trial court is prohibited from setting support in an amount less than indicated by statutory guidelines, "unless the court makes express findings of fact as to the reason for the lower order." Minn.Stat. § 518.17, subd. 5 (1984).

Law changed since Same change as noted above.

Section 518.17 requires courts departing downward from child support guidelines to consider the statutory factors and expressly state their reasons for a lower award.

Rice v. Rice · filed 1986-09-09subd. 5

When deviating from the guidelines, courts must consider these factors and make express findings as to the reasons for a lower order. ... These findings adequately- consider the statutory factors and are adequate to sustain this downward departure.

Law changed since Same change as noted above.

Section 518.17, subdivisions 4 and 5 require specific findings to justify a downward deviation from the child support guidelines.

Marriage of Bodmer v. Pattie · filed 1986-03-04subds. 4 and 5

The court did not expressly state that it was making a downward deviation, nor did it comply with Minn.Stat. § 518.17, subds. 4 and 5 for downward deviation.

Law changed since Same change as noted above.

Section 518.17, subdivision 4(e), permits a court to consider the noncustodial parent’s financial resources and needs when deciding whether to depart downward from child support guidelines in a split custody case.

Wende v. Wende · filed 1986-04-29subd. 4(e)

In cases involving a split custody arrangement, we have stated that a trial court may properly consider Minn.Stat. § 518.17, subd. 4(e) as a basis for a downward departure from the child support guidelines.

Law changed since Same change as noted above.

Subdivision 5 permits the court to account for a parent's support of a child in that parent's custody when setting support for children in the other parent's custody.

Marriage of Malecha v. Malecha · filed 1986-04-29(5)

Minn.Stat. § 518.17, subd. 5 (1984) provides that “[t]he court may order the noncustodial parent to pay support.” (Emphasis added). In this case respondent is the noncustodial parent as to three children and appellant is the noncustodial parent as to one child. ... The trial court did not err in considering respondent’s obligation to support one minor child when it set child support for the three minor children in appellant’s custody at 30% of respondent’s net income.

Law changed since Same change as noted above.

Section 518.17, subdivision 4, does not require a parent with limited resources to pay support for children in the other parent’s custody.

Marriage of Swalstad v. Swalstad · filed 1986-10-28(4)

The trial court was not required to order her to pay support for the children no longer in her custody, and there was no abuse of discretion in failing to do so.