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 percent or at least $75, 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 or change in the availability or cost of health care coverage.
- There is an addition or a change in work or education related child care expense.
- Emancipation of a child.
- Custody of the child has changed.
Have the County review your order
If you are receiving child support services and have a change in circumstances, you can contact your child support worker or call 651-554-5909 for assistance. 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 have three options. You can ask the county to prepare the legal paperwork, bring your own court action or 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 have two options. You can bring your own court action or hire an attorney to request the court change the court order.
Bringing your own action
If you are not receiving child support services and want to bring your own action, you need to 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 Department of Human Services’ Child Support website.