Child Support: Who Has the Right?

Child support can be a contested issue in Minnesota divorce cases. Parties and Attorneys often have different opinions and approaches to it. What many people do not realize is to whom the “right” to child support really belongs. With a bit of research, it becomes clear: Minnesota courts have held time and again that the right to support belongs to the child. In fact, the courts are prohibited from allowing parents to waive the independent and basic right of minor children to support. Even if both parents agree to waive or bargain away child support, the courts will not uphold such an agreement. The welfare of the child is the Courts’ primary concern and a waiver of child support is contrary to public policy. While many issues are subject to negotiation in a divorce or custody proceeding, Minnesota courts have made one thing clear: child support is not one of them.

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