Few things are as burdensome on parents’ minds than the issue of child support. No one wants to overpay, and no one wants to receive less than they need. However, as life circumstances change, it’s hard to determine whether child support should change as well. Read on to learn more about Minnesota’s child support modification process.
Reasons for Child Support Modification
Child support orders may be modified when an existing obligation becomes unfair or unreasonable, according to state law. There are a few situations where this can be proven, such as:
• A payer or receiver’s substantially decreased or increased gross income
• A payer, receiver, or child’s increased or decreased requirements
• Public assistance
• Changes in either party’s cost of living
• Children’s medical expenses not covered in medical support orders
• Changes in health insurance availability or cost
• The addition of education- or work-related child care costs for a paying parent, or a significant increase or decrease in those expenses
• The child’s emancipation
Along with showing the unfairness of an obligation, a party and his or her Child Support Lawyer in Rochester MN must show a material change in circumstances.
Changes in Circumstances
The most common reason for child support modification requests is when one parent’s income decreases or increases. Determining what constitutes a substantial change under state law can be difficult, but there are ways to answer the question. Changes in circumstances may include:
• A new calculation under current guidelines that would differ by at least $75 and 20%.
• An order’s medical support provisions being unenforceable
• Unavailability of court-ordered health coverage for the children
Once presumptions are established, it becomes the opposing party’s duty to rebut it. For instance, if the paying parent can show one or more of the above-listed factors, they will likely get the modification they request, unless the receiving parent and his or her Child Support Lawyer in Rochester MN can show that the modification shouldn’t happen.
Child support is a contentious issue for many divorced parents. Some feel as if they’re paying more than they should, and others feel as if they don’t get everything the children deserve. Visit the Site for more details or call today to schedule a consultation.
