Short answer: You can ask the court to modify child support in Minnesota when circumstances change enough that the current order is unreasonable and unfair. A common test is whether the guidelines would now produce an amount at least 20 percent and at least $75 a month different from the current order. Changes usually start only from the date the other parent is served with your motion, so it pays to act promptly.
A child support order is based on the parents’ lives at one point in time. But incomes rise and fall, children’s needs change, and parenting schedules shift. When that happens, either parent can ask the court to change the order.
This page explains when you can modify child support in Minnesota, what counts as a “substantial change,” and how the process generally works.
When can you modify child support in Minnesota?
Under Minnesota Statutes, section 518A.39, the court can modify a support order when one or more changes make the current order unreasonable and unfair. These include:
- a substantial increase or decrease in either parent’s gross income,
- a substantial increase or decrease in the needs of a parent or the child,
- the start of certain public assistance,
- a change in the cost of living,
- extraordinary medical expenses for the child,
- a change in the availability or cost of health insurance,
- new or substantially changed child care costs, or
- a child turning 18 or otherwise reaching “emancipation.”
The 20 percent rule
In many cases, whether you can modify child support in Minnesota comes down to a simple calculation. If running the current guidelines on today’s incomes produces an amount that is at least 20 percent and at least $75 per month higher or lower than the current order, the law presumes there has been a substantial change. In that case, the current order is presumed unreasonable and unfair.
The law also presumes a substantial change if a parent’s gross income drops by at least 20 percent through no fault or choice of their own, such as an involuntary layoff.
These presumptions can be challenged, but they give both parents a clear starting point.
What usually isn’t enough to modify child support in Minnesota
Some changes, on their own, aren’t enough:
- A new child with someone else. Having another child after the order doesn’t by itself make support modifiable. However, it can be considered if there are other grounds.
- A new spouse’s income. The court doesn’t consider the financial circumstances of either parent’s spouse. To learn more, see Will Child Support Change if I Get Married?
- Voluntary extra work. In some situations, income from overtime or a second job taken on after the order can be excluded.
- Quitting a job to lower support. Courts can calculate support based on what a parent could earn (“potential income”).
How changes in parenting time affect support
Minnesota’s child support formula adjusts for parenting time, based on the number of overnights the child spends with each parent. So a significant schedule change may also be a reason to modify child support in Minnesota. If you’re asking to change the schedule, consider support at the same time. See Changing Custody or Parenting Time in Minnesota.
Why timing matters
A modification generally can be made retroactive only to the date the other parent (and the county, when it is involved) was served with notice of your motion. That means:
- If your income drops, waiting can leave you owing the old amount, and unpaid support adds up quickly.
- If the other parent’s income rises, waiting can mean losing months of an increase.
Informal agreements between parents don’t change a court order. So if you agree on a new amount, it’s usually wise to have it approved by the court.
How to modify child support in Minnesota: the process
There are generally two ways to ask for a change:
- Through the county. If the county child support office is involved in your case, you can ask it to review your order. The county may bring a motion on your behalf if a change is warranted.
- By filing a motion in court. Either parent can file a motion to modify support. You’ll typically need current financial information, such as pay stubs, tax returns, and child care and insurance costs.
The court doesn’t have to hold a full evidentiary hearing. Many support motions are decided on written documents and a short hearing, often before a child support magistrate.
When child support ends
Support for a child usually ends when the child turns 18, or up to age 20 if the child is still in high school. If your order lists a set amount per child, support for that child ends automatically. If it lists one amount for several children, the full amount continues until the last child is emancipated or the court changes it. In that situation, either parent can ask for a recalculation when an older child ages out.
Common questions about how to modify child support in Minnesota
My ex isn’t paying. Is that a modification?
No. Nonpayment is an enforcement issue, not a modification. See My Ex Isn’t Paying Child Support.
Can past-due support be forgiven?
Generally, support that is already past due can’t be reduced retroactively, except back to the date the motion was served. That’s another reason to act quickly when your circumstances change.
Do I need to go to court if we agree?
Parents can agree on a new amount, but the agreement should be submitted to the court. Until the court approves it, the old order still controls.
Related pages
- How Much Is Child Support?
- Child Support in Minnesota
- Unmarried Parents: Paternity and Custody in Minnesota
Have another divorce or family law question? See our list of topics on the FAQ page.
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