Only the court can change the amount of basic support, childcare, and medical support that a parent has been court ordered to pay.
Child support in Minnesota is calculated using guidelines established in state law. The Minnesota Legislature passed new child support laws in June 2005. These changes in establishing child support were effective January 1, 2007. The new law did not automatically change existing child support orders.
On January 1, 2007, the Minnesota child support guidelines for calculating child support apply a formula using both parents gross income to determine each parent’s share of the cost of raising a child. The change applies to actions filed with the court after January 1, 2007.
In addition to the “income shares formula” for calculating child support, the new law
- gives the courts more direction on which parent should carry the health care coverage
- may give credit for court ordered percentages of time a parent spends with the child
- directs courts to take family situations into account by giving a deduction for children living in the home and not covered under the court order.
The State of Minnesota has an online Guidelines Calculator to help you estimate the amount of child support that the court may order on a case.
For more information on the statute changes go to Minnesota Statutes. http://www.leg.state.mn.us/leg/statutes.asp
When can I ask the court to change my order?
The court may change support orders if there is a substantial change in circumstance, as required by Minnesota Statues, which makes the terms of the order unfair.
One or more of the following must be shown:
- Increase or decrease in gross income or need of either party
Based on the obligor’s current gross income, changing the current child support amount would result in a new child support amount that is at least 20% or at least $75.00, higher or lower, than the current court ordered amount of child support
- Public Assistance (cash, child care, medical assistance, Minnesota Care) is being paid
- A change in cost of living for either party
- Extraordinary medical expenses of the child
- There is work or education related child care expense
- Emancipation of a child
- Custody of the child has changed
How can I change my order?
Proper legal documents must be completed to ask the court to change the amount of basic support, medical support, or childcare support. If your have a change in circumstances and want to change the amount of child support in your court order, you can
Ask the county to review your order
If you are receiving child support services and have a change in circumstances, you can contact your child support worker. You may ask the county to review your case to see if it meets criteria for change.
If the county determines your case meets the criteria and a change should be made, you can
- ask the county to prepare the legal paperwork
- bring your own court action
- hire an attorney to request the court change the court order
If the county determines your case does not meet the criteria for change, you can
- bring your own court action
- hire an attorney to request the court change the court order
Bring your own action
If you are not receiving child support services or you want to bring your own action, you can complete legal papers, called a motion. You can bring an action before the court to change your order, or you can hire an attorney to bring an action. Depending on the type of motion, forms and instructions can be obtained at Family Court or Minnesota Court Forms.
For more information on changing your court order, or child support laws go to Minnesota Child Support website.