Minnesota Child-Support Modification Laws
- Increased educational costs are considered in child-support modifications in Minnesota.pencils image by AGphotographer from Fotolia.com
The laws covering modification to child support in Minnesota are found within Chapter 518.38A of the Minnesota Statutes. Child support is financial assistance paid by a noncustodial parent to the person who has custody of the child. Child support in Minnesota may include monetary assistance for healthcare costs and daycare expenses; as the cost of living for the child changes, the amount of the order may be modified to reflect the difference. - A temporary or permanent order of child support that has been issued by a court can be modified occasionally by the court under Chapter 518.A.39(1) of the Minnesota Statutes. The motion to modify the support can come from the payer, the recipient or a public authority who's enforcing the support collection.
- Chapter 518A.39(2) of the Minnesota Statutes provides for when the order can be modified, although any factor that makes the support amount unfair or unreasonable may be considered by the judge. A large increase or decrease in the income of either the payer or the recipient, an increase or decrease of the needs or medical expenses of the child, and the custodial party needing daycare services to work are all valid reasons for a modification request. An increase or decrease in health insurance premiums for the child are additional grounds for a modification.
- Every state court's administrative office must make and have forms available for modification requests. The form must be filed out in full by the person or agency making the modification request and submitted to the appropriate court.
- Child support orders that include money for daycare expenses may be modified to reflect the actual cost of the daycare under 518A.39(7) of the Minnesota Statutes. If daycare expenses decrease, the request to lower the child support is retroactive to the date the expense was first lowered.
