Modifications are controlled by Minnesota Statutes section 518A.39.
Modifications in 2007 are far more difficult than in subsequent years. A change
in daycare or medical expenses only warrants a change in daycare or medical
expenses in 2007. The statute states in pertinent part, as follows:
518A.39 MODIFICATION OF ORDERS OR DECREES.
The terms of an order respecting maintenance or support may
be modified upon a showing of one or more of the following, any of which makes
the terms unreasonable and unfair:
- substantially increased or decreased gross income of an obligor or
- substantially increased or decreased need of an obligor or obligee or
the child or children that are the subject of these proceedings;
- receipt of assistance under the AFDC program;
- a change in the cost of living for either party as measured by the
Federal Bureau of Labor Statistics;
- extraordinary medical expenses of the child not provided for by
- the addition of work-related or education-related child care expenses of
the obligee or a substantial increase or decrease in existing work-related
or education-related child care expenses; or
- upon the emancipation of the child.
It is presumed that there has been a substantial change in circumstances if:
- the application of the child support guidelines to the current
circumstances of the parties results in a calculated court order that is at
least 20 percent and at least $75 per month higher or lower than the current
support order or, if the current support order is less
than $75, it results in a calculated court order that is at least 20 percent
per month higher or lower;
- the medical support provisions are not enforceable by the public
authority or the obligee;
- health coverage ordered is not available to the child for whom the order
is established by the parent ordered to provide;
- the existing support obligation is in the form of a statement of
percentage and not a specific dollar amount; or
- the gross income of an obligor or obligee has decreased by at least 20
percent through no fault or choice of the party.
A child support order is not presumptively modifiable solely because an
obligor or obligee becomes responsible for the support of an additional nonjoint
child, which is born after
an existing order.
A modification of support or maintenance, including interest that accrued may
be made retroactive only with respect to any period during which the petitioning
party has pending a motion for modification but only from the date of service of
of the motion on the responding party and on the public authority if public
assistance is being furnished or the county attorney is the attorney of record.
There may be no modification of an existing child support order during the
first year following January 1, 2007, except as follows:
- there is at least a 20 percent change in the gross income of the
- there is a change in the number of joint children for whom the obligor
is legally responsible and actually supporting;
- a parent or another caregiver of the child who is supported by the
existing support order
begins to receive public assistance;
- there are additional work-related or education-related child care
expenses of the obligee or a substantial increase or decrease in existing
work-related or education-related child care expenses;
- there is a change in the availability of health care coverage, or a
substantial increase or decrease in the cost of existing health care
- the child supported by the existing child support order becomes
- both parents consent to modification of the existing order.
A modification may be granted only with respect to child care support under
A modification under clause (5) may be granted only with respect to medical
This expires January 1, 2008.
On the first modification under the income shares method of calculation, the
modification of basic support may be limited if the amount of the full variance
would create hardship for either
the obligor or the obligee.
Unless otherwise agreed in writing or expressly
provided in the order, provisions for the support of a child are not terminated
by the death of a parent obligated to support the child. When a parent obligated
to pay support dies, the amount
of support may be modified, revoked, or commuted to a lump sum payment, to the
extent just and appropriate in the circumstances.
Unless a court order provides otherwise, a child support obligation in a
specific amount per child terminates automatically and without any action by the
obligor to reduce, modify, or terminate the order upon the emancipation of the
A child support obligation for two or more children that is not a support
obligation in a specific amount per child continues in the full amount until the
emancipation of the last child for
whose benefit the order was made, or until further order of the court.
The obligor may request a modification of the obligor's child support order
upon the emancipation of a child if there are still minor children under the
order. The child support obligation shall be determined based on the income of
the parties at the time the modification is sought.
Child care support must be based on the actual child care
expenses. The court may provide that a decrease in the amount of the child care
based on a decrease in the actual child care expenses is effective as of the
date the expense is decreased.