Modification of Child Support in Minnesota
Life circumstances change. Minnesota law recognizes existing child support orders may need to be updated. Modification of child support is directed under Minnesota Statutes § 518A.39. If either parent experiences a significant shift in income, expenses, or parenting time, either parent may request modification. Understanding how child support modification works in Minnesota is helpful toward ensuring the correct amount is modified.
Reasons For Modification of Child Support
A parent may seek modification of child support if they can show a substantial change in circumstances. A substantial change in circumstances may include an increase or decrease of gross income, unemployment, disability, or other circumstances. Modification of child support can be temporary as with unemployment or on-going. 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 awarded if the newly re-calculated amount results in a change of at least 20% and at least $75 per month difference. There are other justifiable reasons for pursuing modification of child support.
Modification of Child Support Steps
- 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.
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.