Upon the conclusion of a divorce, many parents — typically those awarded visitation rights in lieu of primary physical custody — will be ordered to pay child support and will therefore have to make the necessary arrangements to ensure that they can meet these obligations going forward.
Similarly, many parents — typically those who are granted primary physical custody — will likely construct a new household budget in reliance on these regular payments by their former spouse.
However, what happens when circumstances change, such that a parent may have trouble meeting their child support obligations, or a parent requires more financial assistance to help raise the child?
The answer is that the parent may need to request what is known as a modification of the child support order either through a child support officer or the court system.
In general, when a payor parent (i.e., the parent ordered to pay child support) or a payee parent (i.e., the parent awarded the child support) seeks to secure a child support modification through either channel, they must demonstrate that there has been what is known as a substantial change in circumstances.
A substantial change in circumstances can include any of the following:
- Loss of a job
- Landing a new job
- A significant decrease or increase in income
- Onset of disability
- Change in the child’s residence
- Jail or prison sentence
- Inpatient treatment for chemical dependency or mental health concerns
- Military deployment
- Receipt of public assistance
We will continue to explore this important topic in future posts. In the meantime, consider speaking with a skilled legal professional if you have questions or concerns regarding child support in Minnesota, including modification of existing payments.
Source: Washington County, “Changing a child support order,” Accessed March 30, 2015