Modifying An Existing Child Support Order
In order to modify a child support order, one party must show a substantial change in circumstances that renders the current child support order unreasonable or unfair.However, it is not enough to simply state that there has been a change in income or financial position. In some cases, one parent may have a difficult time being able to pay child support. They may be experiencing disability, unemployment, health issues, or incarceration. In Minnesota, child support obligations are not terminated when one income source ends. Child support payments continue even when a parent is unable to pay.
Still, there are circumstances in which a child support order can be modified. In Minnesota, there is a two-pronged test that must be satisfied in order for a child support order to be modified: a parent must be able to prove that the current order would change by at least 20 percent and be at least $75 higher or lower after applying the State’s guidelines for calculating child support.
This calculation is based on the actual income of both parties, unless one party is underemployed or employed on less than a full-time basis. (Remember, the court presumes that both parents are capable of working full time.) The court may impute potential income based on historical earnings, unemployment benefits, or minimum wage.
The law is intended to exclude parties from seeking modifications for minor changes in income or lifestyle. If you have experienced a substantial change in income, your child’s healthcare coverage is no longer available, or an order for child custody has changed, then a modification may be appropriate.
Child support is not retroactively modifiable. One exception though is childcare support. Minnesota law states that a modification can date back to a change in actual expenses impacting the support obligation. For example, if a parent terminates childcare two years prior to a modification, then the paying parent might be able to recoup overpayment in the form of a credit for future payments.
Schedule A Consultation
