Motion to Modify Child Support
It is possible to file a motion to modify child support in Minnesota if certain legal parameters are met.
To say that the law is complicated is an understatement. The Minnesota child support lawyers in the firm have experience in navigated the modification of child support laws.
Non-presumptive Modification of Child Support
A Minnesota judge has the authority to modify a temporary or permanent child support order.
The basis for modification under Minnesota law is complicated. Basically, there are certain circumstances that must be proved by the person bringing the motion.
A person may be able to modify child support if that person can show that the terms of a court order are “unreasonable and unfair” and, also, show one or more of the follow factors:
- The child support payer’s gross income has decreased substantially
- A substantial decrease or increase of the needs of either the parents or the children;
- A parent or child now receives benefits from an AFDC program;
- A change in the cost of living for either party;
- Extraordinary medical expenses of a child;
- A substantial change in the availability of health care coverage for a child;
- An addition of work-related or education-related child care expenses’
- The emancipation of a minor child.
Presumptive Modification of Child Support
In Minnesota, it is “presumed” by a judge that there has been a “substantial change in circumstances” and that the current child support order is unreasonable and unfair if:
- The proposed modification results in calculated child support that is at least 20 percent and at least $75.00 per month higher or lower than the current child support order;
- The medical support provisions in the court order are not enforceable by a public authority;
- The health coverage provisions of the order are not available to the child or children
- The existing support obligation is stated in a percentage and not a specific dollar amount;
- The gross income of the child support payer has decreased by 20 percent through no fault or choice of the payer;
Free Initial Consultations
Contact the Flanders Law Firm today if you have further questions about Modification of Child Support or other legal issues. The firm offers free consultations to all potential clients. Call (612) 424-0398.