Most child support orders issued in Minnesota after August 1, 1983, include a requirement that the child support amount be adjusted every two years based on changes in the cost of living. Cost-of-living increases will be implemented by the child support agency when the agency is providing services. Cost-of-living increases may also be completed for cases without child support agency involvement. Procedures and forms may be obtained on the
Legislative Commission on the Economic Status of Women website or are available through a private attorney. If you receive a notice that your basic support obligation is going to change due to a cost of living adjustment, you can bring a motion to contest the adjustment. Minnesota Statute 518A.75, subd.2a
requires the motion to be served and filed by May 1.
Cost of living adjustment motion forms and instructions are available at:
- Minnesota Supreme Court website www.mncourts.gov or
- District Courthouses in Dakota County (Hastings, West St Paul, Apple Valley)
Sometimes parties reach an agreement about the cost of living adjustment. For example, parties can agree to waive (give up) the cost of living adjustment for the year. Agreements can be made before or after a motion is served.
If child support (IV-D) services are provided by Dakota County, the county can prepare a written agreement at no cost to you. The written agreement is called a Stipulation and Order. If the parties, an assistant county attorney, and a judge or magistrate sign the Stipulation and Order, the document then becomes a court order. The court order will provide for no cost of living adjustment this year. If a motion contesting the adjustment was served and a hearing scheduled, the Stipulation and Order can include a provision to cancel the hearing. If YOU, the OTHER PARTY, and the COUNTY agree that a cost of living adjustment should not be made this year, contact you child support worker. If you do not have the name of your worker call the Dakota County Child Support Office at 651-554-5909. If you are represented by an attorney, your attorney should call your child support worker.