Biennial cost-of-living adjustments to the amount of basic support ordered can be made if the court order provides for a cost-of-living adjustment. Minnesota law also requires notice of the intended adjustment to be sent to the parent ordered to pay support. If the County provides services, the County will prepare and send the required notice. Persons who are owed support can also prepare and send the cost-of-living adjustment notice without County involvement. Procedures and forms may be obtained on the Legislative Commission on the Economic Status of Women website or through a private attorney.
Contesting an adjustment
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.
Find forms and instructions
You can find out how to get a cost-of-living adjustment at:
Reaching an agreement
Sometimes an agreement regarding the cost-of-living adjustment can be reached. For example, the parents and the County can agree not to implement the cost of living adjustment for the year. Agreements can be made before or after a motion to contest the adjustment is served. The written agreement will become a binding court order after it is signed by all parties to the lawsuit and a judge or child support magistrate.
If child support services are provided by Dakota County, the county can prepare a written agreement at no cost to the parties. The written agreement is called a Stipulation and Order. The Stipulation and Order can provide for a partial cost of living adjustment or it can provide that for no cost-of-living adjustment this year.
If the parties, an assistant county attorney, and a judge or magistrate sign the Stipulation and Order, the document then becomes a court order.
Even if a motion contesting an adjustment was served and a hearing has been scheduled, the hearing can be canceled before it is held if a Stipulation and Order is completed. If you receive services through Dakota County and you believe all parties might agree that a cost-of-living adjustment should not be made this year, contact your 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 the Dakota County Attorney’s Office and request to speak to an Assistant County Attorney in the Child Support Division.