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Learning more about modification of child support orders - III

This week, we'll conclude our discussion of the circumstances under which payee parents -- those receiving child support -- and payor parents -- those making child support payments -- can request a modification of a child support order here in Minnesota.

While our first post discussed how parents seeking a modification must demonstrate a substantial change in circumstances to the child support office and the second post discussed the circumstances under which a court will modify a child support order, today's post will examine the modification process as a whole.

After requesting a modification of a child support order, the parents will likely be asked by the reviewing child support office to provide documentation verifying everything from child care costs and other expenses to income and health insurance.

If the child support office determines after reviewing the request and accompanying documentation that the requirements for a modification have not been satisfied, the request will be denied. However, those parents who wish to challenge this denial can still file a motion asking the court for a child support modification.

The outcome is slightly different if the child support office ultimately determines that the requirements for a modification have been satisfied and approves the request.

Here, the office will prepare the necessary legal documents, which are reviewed by someone in the district attorney's office, and mail them to the parents. In the event neither parent answers, a court order will be drafted and sent to court, and will likely end up supplanting the existing order.

However, if either parent disagrees with the decision/recommendation of the child support office after reviewing the documents sent in the mail, a court hearing to decide the amount of child support -- based on the criteria outlined in our previous two posts -- will be scheduled.

It's important for both payor and payee parents to understand that once the dust finally settles, the ultimate amount of child support paid and received may end up being different than what they anticipated.

If you have any type of questions or concerns related to child support modification here in Minnesota, consider speaking with an experienced legal professional as soon as possible.

Source: Washington County, "Changing a child support order," Accessed March 30, 2015 

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