Modification of Child Support in Minnesota
Life circumstances change, and Minnesota law recognizes that existing child support orders may need to be updated. If either parent experiences a significant shift in income, expenses, or parenting time, either parent may request the court modify the current child support order. Understanding how child support modification works in Minnesota is helpful toward ensuring the correct amount is modified.
What is a Child Support Modification?
Child support modification is a request to legally change the amount of an existing child support order due to significant changes in circumstances. Either parent can request a change through the court if certain legal standards are met. Modifications can result in an increase or decrease in the amount of child support owed, depending on the updated financial or change in custody/parenting time arrangements.
Grounds For Modification of Child Support in Minnesota
Under Minnesota Statutes § 518A.39, a party may seek modification of child support if they can show a substantial change in circumstances that makes the current order unreasonable or unfair. Modification of child support can be temporary or on-going depending on the circumstances. For instance, if a party loses a job, a request to modify child support on a temporary basis may be more appropriate depending on the circumstances. Common reasons for modification of child support can include:
A significant increase or decrease in either parent’s income
A change in the parenting time schedule
A parent becoming disabled or unemployed
A parent receiving Minnesota Public Benefits such as Medical Assistance, SNAP, etc.
Modification of child support may be justified if the current child support order compared to a new re-calculation of child support results in a change of at least 20% difference in child support and also a difference of at least $75 per month. There are other justifiable reasons for pursuing modification of child support.
Modification of Child Support typically involves a few steps in the process as follows:
Filing a Motion: The parent seeking modification must file a Motion to Modify Child Support in the appropriate Minnesota family court.
Providing Documentation: The parents submit financial documentation such as pay stubs, tax returns, and proof of expenses to support the request for modification of child support.
Serving the Other Parent: The other parent must be legally served with the motion and be given the opportunity to make a timely response prior to the hearing.
Court Hearing: At the hearing, both parents are given the opportunity to present evidence to the court, which will then determine whether a modification is warranted.
However, if both parents reach agreement on the modification of child support instead, they may submit a stipulation and proposed order along with a petition for the modification of child support instead. The court may review the stipulation and proposed order to determine whether it is fair or just. If the court has questions, it may schedule a hearing, otherwise it may sign the stipulation and proposed order.
Child Support Calculator and Guidelines
For modification of child support, Minnesota uses the same calculation as used to establish child support. The calculation involves the determination of the parent’s proportional share of income available for child support. This means both parents’ incomes are considered to determine a fair amount of support.
Modification of Child Support Can be Complicated
While parents are not required to have a lawyer, working with an experienced Minnesota family law attorney can be extremely helpful in weighing options whether a modification is reasonable or necessary.
If you are struggling with a finding the right calculation for modification of child support or wish to seek further guidance, please contact us today to schedule a consultation to determine best strategies moving forward.
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