Questions about modifying your child support in Minnesota?
Below is the typical language my firm uses in its briefs for clients who are applying for a motion for modification of child support. Pay particular attention to the legal standard and what is necessary under this particular law.
The Respondent’s child support obligation for the minor children should be modified pursuant to Minn. Stat. § 518A.39. To wit, Minn. Stat. § 518A.39 Subd.2(a) provides that:
Modification. (a) The terms of an order respecting maintenance or support may be modified upon a showing of one or more of the following, any of which makes the terms unreasonable and unfair: (1) substantially increased or decreased gross income of an obligor or obligee; (2) substantially increased or decreased need of an obligor or obligee or the child or children that are the subject of these proceedings; (3) receipt of assistance under the AFDC program formerly codified under sections 256.72 to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a change in the cost of living for either party as measured by the Federal Bureau of Labor Statistics; (5) extraordinary medical expenses of the child not provided for under section 518A.41; (6) a change in the availability of appropriate health care coverage or a substantial increase or decrease in health care coverage costs; (7) the addition of work-related or education-related child care expenses of the obligee or a substantial increase or decrease in existing work-related or education-related child care expenses; or (8) upon the emancipation of the child, as provided in subdivision 5.
. . .
The Respondent’s Affidavit, his attached income information, and the attached Child Support Obligation Worksheet (CSOW) show, given the change in the parenting-time schedule and due to him now exercising sole physical custody of the child, that the prior child support order should be modified.
Although this is just an example, and the facts change with every case, the language above should give you an idea of the standard which is necessary to modify your child support order.
For further questions, contact Joseph M. Flanders of Flanders Law Firm LLC at 612-424-0398.