Now That I Have Child Support

Yes. Child support can change if the parent’s finances or the child’s needs change enough to make the old order unfair. It takes a court order to change child support. Also, you can usually get a cost-of-living increase in child support every 2 years. You can’t enforce an agreement to change the child support amount unless it is part of a court order. 

Every 2 years you can require the other parent to give you a copy of their latest tax return.

The IV-D Unit must review your whole child support order every 3 years. You can ask for a child support change if your order is less than 3 years old, but the IV-D Unit does not have to help you.

No. A court can change child support any time it is dealing with custody, parenting time (visitation), property division or domestic abuse. You can also ask for a change in child support. 

Both parents give facts about their income and expenses. The court sends an order. If either parent disagrees, they can file a motion for review within 20 days after getting the order. If the parents agree on the child support, the court can make the agreement into a court order. 

You may want a lawyer, but you can go to court on your own. Someone from the IV-D Unit may come to the hearing and ask for the change in child support. But the IV-D Unit does not represent either parent. 

You need forms. You can ask for them at your court. There might be a fee. There are ways to get them online too.

You can find the papers you need on the court’s website at: www.mncourts.gov.

Make sure you read the instructions, so you know what forms you need. To avoid problems, right click on the form link and choose the “save as” command to download it to your computer.

Note: Medical support can be reviewed anytime if the child’s available insurance changes. It can also be reviewed if one of the parents or the child has a change to their eligibility for health insurance.  

Give your worker all the facts that you have about the other parent. For example, if you know that they changed jobs or moved, tell that to your worker as soon as possible.

Child support is not past due until it is 31 days late. Then the IV-D Unit can do many things to help you get the money: 

• Automatic Withholding. If your child support order doesn’t say that child support can be taken out of the other parent’s paycheck, you can ask to start having the money taken from a paycheck any time support is 31 days late. 
   
• Contempt. You can ask that the court find him/her in contempt of court. There must be a hearing. If the court finds the other parent could have paid child support but didn’t, s/he can be held in contempt. Then if s/he doesn’t pay the back child support, s/he can be put in jail.
   
• Tax Refunds. If the other parent owes at least $500 in back child support, his/her federal and state tax refunds can be taken to pay the back child support. If the other parent owes more than 1 month of back child support his/her state tax refund can be taken to pay it.
   
• License Suspension. When a parent owes at least 3 times the monthly amount in back child support, the state can suspend their state licenses. This can be drivers or any work license issued by the state, such as a hairdresser, or barber’s license.
  
  The license is suspended until the parent starts paying child support. The state can suspend hunting, fishing, boating or other licenses also.
• Credit Reporting. The IV-D Unit reports parents who do not pay child support to the credit bureau.
   
• Liens. The IV-D Unit might place liens on real estate or personal property (car, boat, etc.) of a parent who does not pay child support. If there is a lien on a house, or other property, they can’t sell it unless the lien is paid. 

After the court sets child support for the first time, you can ask the court to have a hearing to make sure the other parent is paying. You can only ask for this hearing within the first 6 months after the first order. The court attaches a copy of the form to your order. You must complete the form and send it to the court and the other party to ask for a hearing. 

• Write a letter to the head of your county’s child support (IV-D) agency. Say what things the IV-D Unit did and why you think they are wrong. Include your address, the date and your case number. Keep a copy of the letter. 
• If they don't get back to you or fix the problem within 30 days, write a letter to:
  DHS: Child Support Enforcement Division
  P.O. Box 64946
  St. Paul, MN 55164-0946
• If that does not work, write to:
  Administration for Children and Families
  Child Support Enforcement
  233 N. Michigan Ave., #400
  Chicago, IL 60601-5519