MN Child Support Calculation Must Be Based on Parenting Time As Ordered, Not As Exercised

Reported in Minnesota Lawyer on 12-26-11 is the Hermann case in which the Court of Appeals reiterated that under the MN child support statute, the 12% reduction in support for a parent who has 10% to 45% of parenting time, as well as the presumption that parenting time is equal when 45.1 % to 50% (Minn. Stat. 518A.36, Sub. 2(i)(ii))  is based upon parenting time as stated in the court order, NOT as exercised.  This opinion is a reminder to counsel that at child support review hearings it will be fruitless to argue that the visiting parent/support obligor does not actually exercise all of the parenting time ordered, or in fact exercises more.