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Can you modify child support in Minnesota?

On Behalf of | Nov 17, 2021 | Family Law

When going through a divorce, the court sets a child support amount based on the circumstances of the situation at that given time. However, situations change and the child support put into effect at the time the divorce was finalized may not apply to your family years later.

Child support is designed to bridge the financial gap children may experience when parents separate or divorce. There may come a time when you or your former spouse cannot meet the financial child support obligations and may consider filing a child support modification request.

Situations that apply

According to the Minnesota Department of Human Services, a judge may consider certain factors in a modification case, including the following:

  • A sudden increase or decrease in income, such as losing a job or getting a significant promotion
  • A significant change in the physical or mental health of a parent or the child causing extraordinary medical expenses
  • Incarceration
  • Death
  • Change in the cost of living
  • Change in health care coverage

The judge makes all decisions based on the best interests of the children and it is important to ensure that parents take care of their needs.

Criteria considered

The judge may grant a modification if the new situation would decrease or increase the current child support amount by at least 20%, or $75. If either parent’s income unexpectedly decreased by more than 20% at no fault of the parent, or if the child’s health care coverage terminated, the judge may consider a modification. Furthermore, if custody of the child changes from one parent to the other, the child support amount would be revised to match the custody change.

Situations in life change, and you can apply for a modification to fit your unique circumstances.