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Bench & Bar of Minnesota is the official publication of the Minnesota State Bar Association.

Child Support

Where more than one child is to receive child support, the Order or Judgment and Decree should specifically state the amount of child support per child.  The reason for stating a specific amount per child is because, unless a court order provides otherwise, a child support obligation in a specific amount per child terminates automatically upon the emancipation of the child as provided under section 518A.26, subdivision 5.  No action by the obliger to reduce, modify, or terminate the order is necessary upon the emancipation of the child.

On the other hand, a child support obligation for two or more children that does not designate a specific amount of child support per child continues in the full amount until the emancipation of the last child for whose benefit the order was made, or until further order of the court.  See Minnesota Statute Section 518A39, subdivision 5(a) and (b).

Melvin Ogurak 

Ogurak Family Law & Mediation, PA

Edina

oguraklaw@msn.com 

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