Financial Aspects of Child Support

• Determining the initial amount
• Modifying an existing support order
• Cost-of-Living Adjustments (COLA)
• Spousal Maintenance

 Determining a child support amount

As of Jan. 1, 2007, a more comprehensive formula is applied to marriage dissolutions, legal separations, annulments or parentage proceedings that establish or modify child support. The change is part of a law that was passed by the 2005 Minnesota Legislature. The law will not apply to orders previously established. An existing order may only be modified if certain conditions apply.

How are guidelines calculated?

• Instead of determining support based on only one parent’s net income, the new guidelines use both parents’ monthly gross income to set child support.
• Each parent gets credit for the amount of spousal maintenance/alimony and/or child support that parent is ordered to pay for other families.
• The new formula grants a deduction from a parent’s monthly gross income for up to two children that live with that parent but are not a child of both parties.
• If a court orders visitation/parenting time, the party who pays child support may receive a credit for child support depending on the amount of visitation/parenting time ordered to them.
• The cost of health coverage is divided between the parties based on each parent’s income. It is possible that the parent with custody of the child(ren) could pay medical support or that amount will be used to decrease the other parent’s child support obligation.
• Child Care Support will be resolved in a similar manner.
• Existing arrears created under the former child support standards are still valid and will be enforced under the new guidelines.

What if we agree on a child support amount?

The County can help make an agreement into a Court Order by drafting a "Stipulation and Order" for all parties to sign. The agreement must conform with current laws and the County must also agree to the terms. The signed agreement must be sent to the court to approve.  If the court approves, it becomes the court order.

What if the obligor is required to support more than one family? How much support will I get?

Federal and state law requires that public agencies send support money to all the families who are owed support. A obligor's wages may not be enough to fully provide for more than one family. Money is distributed to each family according to federal and state regulations.

 Modifying an existing support order

If either party feels that there has been a substantial change in their situation, they may seek a modification of their child support. However, there are specific criteria that the modification will be compared with before it is approved. As a general rule if the only change in a parent’s circumstances is passage of the new law, the support order will not be modified.

The only way to modify your existing child support amount is to obtain a new court order. To obtain a new court order you can file a Pro Se Motion or request an agency review. 

Filing your motion with District Court, Family Court Division

In Hennepin County, you can file a motion with District Court, Family Court Division, to request a modification of your support order (a Pro Se motion.)  There is a fee for filing, however, there are situations in which this fee can be waived.  Call Family Court Filing at 612-348-6734 for more information. 

• If you live within two hours driving distance from Minneapolis, you will need to go to the Family Justice Center, 110 South Fourth Street, Minneapolis, MN to obtain the paperwork to file a pro se motion. 
• If you live more than two hours from the metro area, call Family Court Filing at 612-348-6734 and ask about your options. 

You do not need to hire an attorney in order to pursue a change in child support, although you may wish to do so. If you do hire an attorney to represent you in getting your child support order changed, you must notify our office of this fact.  The Client Service Representative can be reached at (612) 348-3333 if you need help completing the forms. You can also contact the Self-help Center at 596-8519 which offers classes three days a week. 

Getting help with your motion

The Self Help Service Center, part of the Minnesota's Fourth Judicial District Family Court, offers help on how to complete a pro se motion for modification of your child support order.  Sessions are:

• free and no appointment is necessary.
• held in room 172 of the Family Justice Center in downtown Minneapolis.
• held on Mondays, Wednesdays and Fridays, beginning at 10:00 a.m and should last no longer than one hour. 

You will need to bring:

• a photo ID.
• the child support order you want to change.
• copies of documents that show your current income and expenses (like pay stubs, unemployment checks, tax returns, bills).
• stamps.
• change for the photocopy machine.
• the address of the other party (usually the other parent). 

Requesting a Review

You may request that the County review your child support order.  The child support agency will determine if your request meets the statutory criteria for a modification.  Please note that an agency review could result in an increase or decrease in the child support obligations.  You may send a written request for a review to your child support officer (include the reason for the request), or you may contact your child support officer by phone for more information on the review process. 

What if we agree on modifying the child support order?

The County can help make an agreement into a Court Order by drafting a "Stipulation and Order" for all parties to sign. The agreement must conform with current laws and the County must also agree to the terms. The signed agreement must be sent to the court to approve.  If the court approves, it becomes the court order.  

 Cost-of-Living Adjustments (COLA)

Most child support orders issued in Minnesota since August 1, 1983, have included a requirement that the child support amount be adjusted every two years based on changes in the cost of living.

Cost-of-living increases should occur automatically every two years for all cases active with the child support agency.  Cost-of-living increases may also be completed for cases without child support agency involvement.  Procedures, forms and the Minneapolis/St.Paul index may be obtained on the Legislative Commission on the Economic Status of Women web site or are available through a private attorney. 

How a Cost-of-Living Adjustment (COLA) amount is determined

COLA adjustments are based on the Consumer Price Index (CPI).  This is a standard measure of the inflation rate and is determined by the U.S. Department of Labor.   Cost-of-living adjustments are designed to keep up with inflation--to recognize that the costs of caring for children today are higher than they were when your child support was established. For more information please see the State of Minnesota Step-by-Step Guide to Calculating the Adjustment

Cost-of-Living Adjustments (COLA) starting dates 

The first COLA for a case is due May 1, two calendar years or less from the date the court order states payments are to begin.  Court orders with effective dates in years ending with even numbers will have COLAs done on the even year cycles and court orders with dates in years ending in odd numbers will have COLA completed on odd years. 

For Example:

Out of state COLA

Most other states do not do COLA modifications. It is rare to have another state make a COLA adjustment for Custodial Parents in MN. However, if you have a MN order, most states will enforce our new COLA amount. See more about interstate support cases here. 

 Spousal Maintenance

The Minnesota Legislature passed new legislation on May 26, 2005 relating to spousal maintenance only cases. The new law authorizes the Department of Human Services to provide income withholding only services to spousal maintenance only cases upon request of one of the parties. Full child support services are not available unless a child support obligation is being enforced in addition to the spousal maintenance obligation.