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You can ask to change child support in Minnesota at any time; there is no waiting period. A change is presumed substantial if the guidelines applied to current incomes produce an amount at least 20 percent and $75 a month different from the current order, or if your income dropped at least 20 percent through no fault of your own (Minn. Stat. 518A.39). File promptly: a modification can only go back to the date the other parent was served with your motion.
If you are struggling with an outdated child support order in Minnesota, you may be considering filing a motion to modify your child support. Modifying a child support order can be complicated, but it is possible if certain conditions are met. In this guide, our Minnesota child support lawyers will walk through the basics of modifying child support in Minnesota courts.
Overview of Modifying Child Support
In Minnesota, a court order for child support generally remains in effect until the child turns 18, or until high school graduation or age 20 (whichever comes first) if the child is still in high school. However, if there has been a substantial change in circumstances since the order was issued, you may file a motion requesting the court to modify the existing child support order.
Some common reasons to modify child support include:
- A parent’s income has increased or decreased significantly
- A child’s needs have changed due to illness, disabilities, or other factors
- Parenting time arrangements have changed
- A parent is intentionally underemployed
- The cost of living has changed substantially (separately, most orders also include an automatic cost-of-living adjustment every two years under Minn. Stat. 518A.75)
- A child has reached the age of emancipation
Filing a motion is the legal process to ask the court to change the existing court order. If approved, the modified order will replace the previous child support order.
What Forms Will I Need to Modify Child Support?
To start the modification process, you will need to complete and file certain forms and documents. Many of the forms you will need are available online through the Minnesota Judicial Branch website. Common documents include:
- A motion – Asks the court to change the existing support order and explains your reasons.
- A supporting affidavit – Explains, under oath, what has changed since the last order.
- Financial information – Such as recent pay stubs and tax returns showing current income and expenses.
- A child support guidelines worksheet – Shows how the new amount is calculated from both parents’ incomes and parenting time.
All forms must be completely filled out, signed, and submitted along with any necessary supporting documents. The Minnesota child support calculator can help estimate updated support amounts.
Filing Your Motion with the Court
Once you have completed all required paperwork, you can file your motion to modify child support with the court in the county that issued the existing child support order. Filing fees apply unless you obtain a fee waiver due to low income.
You must properly serve the other parent by having them sign an Admission of Service form accepting service or serve them through the sheriff’s office. This provides legal notice of your request to modify support.
The court schedules a hearing on the motion, where both parents have a chance to provide evidence on their financial situations. After the hearing, the court decides whether to grant or deny the modification.
Factors like parenting time adjustments and the child’s needs will also be considered before the court issues a modified child support order.
Tips for Modifying Child Support
- Consult an attorney – While not required, having a family law attorney guide you through the process can be extremely helpful for successfully modifying support.
- Document all changes – Having solid evidence of changes like income fluctuations or medical bills will strengthen your case.
- Be reasonable – Request reasonable adjustments based on proven changes to give your motion the best chance of approval.
- Prepare thoroughly – Gather all necessary financial documents and evidence, and complete all forms accurately and completely before filing.
- Consider alternatives – Parents can mutually agree to modify support and avoid court using mediation services.
Working with an Attorney
Trying to modify a Minnesota child support order on your own can be challenging. An experienced divorce lawyer can help:
- Advise whether you have grounds to modify support based on changes
- Determine the proper county and court to file your motion
- Ensure all paperwork and forms are prepared correctly
- Represent you at modification hearings
- Negotiate and mediate modifications out of court if possible
- Answer questions and provide legal advice throughout the process
At Martine Law, our Minnesota family law attorneys can assist with filing a motion to modify your Minnesota child support order. We will evaluate your case and work toward a support amount that is fair for your situation. We offer a $50 consultation with our Director of Client Engagement. Full refund if you’re not satisfied, for any reason.
This page states Minnesota law and is for general information, not legal advice.
Frequently asked questions
How much does income have to change to modify child support in Minnesota?
There is no fixed income threshold, but a change is presumed substantial if applying the guidelines to current incomes produces an amount at least 20 percent and $75 a month different from the current order, or if a parent’s income fell at least 20 percent through no fault or choice.
Can a child support modification be retroactive?
Only back to the date the other parent (and the county, if it is involved) was served with your motion. That is why waiting can cost you money (Minn. Stat. 518A.39, subd. 2(f)).
What if I lost my job?
An involuntary income drop of at least 20 percent creates a presumption of a substantial change. If the court finds you are voluntarily unemployed or underemployed, it can calculate support using potential income instead. (Minn. Stat. 518A.32)
Do I go through the court or the county to change child support?
Either can apply. If the county enforces your case, you can ask it to review the order. You can also file a motion yourself; many motions are heard by a child support magistrate.
