Child Support and Guardianship

In Minnesota, where guardianship may be necessary, a child’s social worker or medical professional often recommends that a child could benefit from a guardian as the child approaches their 18^th birthday. If a parent or parents petition to establish a guardianship and the court finds that a guardianship is appropriate, prior agreements and family court, which may be in place, might require revisiting or modification. This transition becomes particularly complicated when it occurs at the time parents are contemplating or in the process of obtaining a divorce.

If you find yourself in either situation, it is important that you seek the assistance or advice of an attorney that is experienced in both family law and guardianship law. Having broad experience and knowledge in these areas, including how different Minnesota counties handle the issues, is critical to achieving your desired outcome. This is, in no small part, the result of the wide discretion (the freedom to made decisions based on their own opinion) provided to a judge, magistrate, or referee in matters of child support and child custody by Minnesota family law. This discretion allows the judicial officer to make wide and sweeping rulings which impact parents and their children for many years to come. 

One of the most complex and consequential issues a parent in these circumstances must navigate is how the Minnesota family court and Minnesota probate court will interact. If not handled correctly, this interaction can result in far-reaching complications which will linger for years to come. These problems can often arise where the attorneys involved fail to properly navigate issues relating to the impact of parental rights on the interaction of adult guardianship and child custody. Problems can similarly occur where the family court issues a custody order without considering a potential or pending adult guardianship. The consequences of not addressing these issues can frustrate and complicate the parents’ future interactions, engender more litigation between the parents, and complicate the future independence of their adult child with a disability.  

Adding another degree of complication to these disputes is that Minnesota family law statutes broadly define who is a “child.” Under the broad definition, children beyond the age of 18 who are in secondary school until the age of 20, or those adult children whom may have a disability which causes them to benefit from a guardian and/or conservator, still qualify as children for child support purposes.  As a result of the broad definition of “child” for the purposes of child support in Minnesota, it is possible for a court to indefinitely extend child support where a guardianship exists. Further complicating this issue is that child support becomes the income of an adult child and can impact governmental benefits, such as Social Security and Medical Assistance, that an adult child with a disability would now independently qualify for.

In the event a court does establish continuing child support for an adult child with a disability, parents will want to consider estate planning options for their family in order to navigate the interaction of the new income with qualifying governmental programs for the adult child with a disability. An attorney experienced in estate planning as well as the intersection of family law and guardianship law will be able to help parents navigate appropriate estate planning options.

While Minnesota law can be complex in the areas where guardianship law and family law meet, an attorney knowledgeable in these areas will be able to assist any parent navigate these issues and establish or advocate for solutions that are beneficial and supportive of their adult child with a disability.

The above is intended as a broad overview of one aspect of the interaction of Minnesota Guardianship Law and Minnesota Family Law and is not an exhaustive explanation which could be relied upon as legal advice. Please contact an attorney to address your specific issues before taking any actions.

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