FAQs about getting child support safely and the child support program

Contact the Minnesota Department of Children, Youth, and Families Child Support Division

• You are not required to tell us any safety concerns you have or answer any questions about safety you may be asked. It is common for parents or caregivers to be unsure about sharing this information with us. However, if we are not aware of any concerns we are unable to provide any safety measures. 
• You can contact us to discuss safety concerns at any time. Because there are many things that happen in the child support program quickly, talking to your worker as soon as possible will help you make decisions timely.

• Child support workers do not need details of specific incidents to discuss ways to make the child support process safer for you or your children. However, your worker may ask for more information to help determine modifications, safety measures, and resources available. 
• In some situations, you may be asked to provide facts supporting your request which may be details of abuse. Discuss any options or requirements with your worker if this occurs. You may be asked to provide facts supporting your request when you request: 
  • A confidential address order 
  • Special custody and parenting time arrangements
  • An exemption for child support cooperation, if public assistance is open.

• Any safety information you discuss with your child support worker is confidential and they will not share it with the other parent or caregiver 
• Generally, workers share information about finances, employer and wages, contact and location, and open programs such as public assistance or healthcare coverage
• In some cases, such as making a request to the court for custody and parenting time or a confidential address order, workers will share facts supporting your request which may include safety information with the other parent or caregiver, and the courts 
• If you are requesting a child support confidential address order, or are providing a Safe at Home address as your legal address, the other parent or caregiver will have that information and it will be included in the court order which is public.

• Only you can make decisions for your safety, and you know your situation best. The child support agency can discuss your concerns and any available measures for you to make decisions about child support services, however only you can decide if measures available address your concerns. 
• An advocate may be able to discuss your concerns and help you make decisions about your safety. Contact [DAY ONE] or find your local service provider GET HELP | Violence Free Minnesota

• If you receive public assistance, you may not have to have a child support case if you believe there is a reason you cannot cooperate with the child support program. One reason you may not have to cooperate with child support services is if you believe there is risk of physical or emotional harm to you or your child(ren) if you do.
• If you are not receiving public assistance, you can request to close your case.

• County child support agencies can offer services to enforce the child support order, distribute payments from one parent or caregiver to the other, protect location information, and take certain court actions. For some, these services the agencies provide help address concerns, such as having to make payments directly to the other person, or bringing your own legal actions forward.

• You can complete a “Nondisclosure Finding/Affidavit" if you believe the health, safety, or liberty of yourself or your child would be jeopardized by disclosing your address.

When a Minnesota county child support agency receives the completed affidavit, a county child support worker will discuss your safety options with you or with your case worker in other state if Minnesota is enforcing the order on behalf of the other state. The county child support agency can keep your address confidential with the completed affidavit but may not be able to keep your state or county of residence confidential.

• Yes, if you apply for child support services using the application you can request to close your case at any time. Depending on when you request to close your case, actions may have been taken already including contact with the other parent. Discuss your request with your child support worker, including any questions about actions that may have been taken. 
• If you change your mind about receiving child support services after there is a child support court order, you can close your child support case but any child support orders still exist. Closing a child support case means the county child support agency will no longer enforce the order, but the order will still exist.

• If you receive services from Minnesota Family Investment Program (MFIP), Childcare Assistance Program (CCAP), or Medical Assistance (MA), you may be required to have a child support case and work with the child support agency to receive these benefits, which is called “cooperation with child support services.”
• You may not have to have a child support case if you believe there is a reason you cannot cooperate with the child support program. One reason you may not have to cooperate with child support services is if you believe there is risk of physical or emotional harm to you or your child(ren) if you do.
• Child support services cooperation and exemption requirements are based on many individual case factors. Contact your assistance program eligibility worker or child support worker to discuss your case.
• To learn more about child support cooperation and exemption information, [Link to updated DHS 2338]

• The county child support agency does not decide who gets custody, and not every child support process includes custody and parenting time orders. 
• The court is required to address custody and parenting time in paternity actions.
• In paternity actions in the expedited process, a child support magistrate can only include custody and parenting time decisions if both parents or caregivers agree. If they don't agree, these issues are referred to district court.
• In paternity actions in district court, a referee or judge must make a decision on custody and parenting time that is in the best interest of the child(ren). Minnesota law lists several factors the judge must consider when making custody decisions. See Minn. Stat. § 518.17 to read more about the best interest factors.
• A paternity action may be started in an expedited process hearing with a magistrate, or it may be started in district court before a referee or judge. In cases where parents or caregivers do not agree in expedited process, cases will always be referred to district court. However, a magistrate will issue a default order granting requests made by one of the parties if the other party fails to answer and fails to show-up at a scheduled hearing.

• No, not all child support ordered the other parent pays will go to the county. In most cases, basic child support payments go directly to the parent the court has ordered to receive it when public assistance is open if the other parent makes the payments on time. If the parent or caregiver does not pay their basic child support amounts during a time you receive public assistance, they may owe some of these payments to the county or state. 
• Some child support court orders also include amounts one parent or caregiver pays to the county for certain public assistance costs. In these court orders, it lists who is receiving payments and what they are for. If you receive Child Care Assistance Program benefits, child care support ordered and collected will typically go to the state.

• Receiving child support does not automatically mean your public assistance case will close. Income you receive from child support may be calculated in determining your public assistance benefit eligibility. If you receive more income than your public assistance program allows, your case may close for reaching the income limits. 
• Contact your eligibility worker for your public assistance program to discuss your income and benefits information.

• If you apply for public assistance, the application and other forms will have information on child support. You may be asked to complete forms for the referral, or the public assistance agency may send your information to the child support agency.
• Your eligibility worker will be able to discuss any child support referrals or cooperation required. Once a referral is sent, you will receive child support forms in the mail explaining the next step you must take. 
• Only cash Minnesota Family Investment Program, Medical Assistance, and Child Care Assistance Program benefits require cooperation with child support.

• Generally, all child s[L(1] Generally, county child support agencies provide all child support services when you have an open child support case. Exceptions to this include:
  • Applying for Income withholding-only services which are limited to processing income withholding payments received by the Child Support Payment Center for child support, spousal maintenance, or both. If you are receiving public assistance benefits you cannot receive income withholding only services. 
  • Requesting a medical support-only services - if you receive Medical Assistance only, with no other public assistance programs open, you can request the county child support agency only calculate payments for medical support in your court order.

• No, having a child support case does not guarantee child support will be ordered to pay you or that you will receive payments. 
• Certain enforcement remedies can be applied by the child support agency to help collect support. This may include withholding payments from someone’s paychecks or locating new employers. Other enforcement remedies, such as suspending a driver’s license or reporting unpaid payments to a credit bureau may be applied if payments are not made on the case. 

The person who applied for services or who was referred is not always the person who receives the payments. The county child support agencies use the child support the guidelines in state law and the calculator to determine any child support amounts, and which parent pays and receives support.

• In setting support, child support agencies can make discovery requests or subpoena bank records, credit card statements, tax returns or self-employed business records
  • They may be able to uncover deposits that do not match reported income.
  • If a parent claims low income but exhibits a high standard of living, agencies can use evidence of luxury spending, new cars, or high-end trips to argue for a higher earning capacity
  • They can examine business records for self-employed parents to find hidden income, including checking for inflated expenses or unreported sales.

• No, having a court order for child support does not automatically mean you have child support services. Child support services, often called a IV-D case, are provided when you have either applied or have been referred from a public assistance program. You can apply for child support services at any time.

Answer the following as true or false, thinking about the other parent or caregiver:

• If they were required to pay child support, they would not get angry enough to make me feel unsafe. ☐ True ☐ False
• They would not threaten me, retaliate, or use the child support system against me. ☐ True ☐ False
• The other parent never threatens, harasses, or hurts me. ☐ True ☐ False 
• If they know my address, where I work, or how to contact me they would not use that to threaten or harass me. ☐ True ☐ False
• I can share information in front of them, such as during a court proceeding, without being afraid for my safety. ☐ True ☐ False
• I can make decisions and come to agreements with them without being coerced or threatened. ☐ True ☐ False
• I would feel safe during parenting time exchanges with them and feel that they would not hurt or injure the children? ☐ True ☐ False
• They would not withhold information about their finances with a goal to cause harm.  ☐ True ☐ False
• If they were served papers or contacted by the child support agency to get information, they would not get so angry as to make me feel unsafe.  ☐ True ☐ False

If you answered false to any of these questions, you may want to discuss your concerns with someone. Advocates can talk through your situation and discuss safety planning; a child support worker can provide information on safety measures that may be available for you.

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