Minnesota Instructions — Motion to Modify Child Support and/or Spousal Maintenance is a legal document used in the state of Minnesota when parties need to request a change to an existing custodial arrangement or to modify the amount of money paid for support. This document can be used to modify either child support or spousal maintenance payments. There are two types of motions: Motion to Modify Child Support and Motion to Modify Spousal Maintenance. The Motion to Modify Child Support outlines the reasons why the change is necessary, such as changes in the financial situation of either party, changes in the needs of the children, or changes in the amount of time spent with each parent. The Motion also includes a request for a specific amount of money to be paid for child support. The Motion to Modify Spousal Maintenance includes the reasons why the change is necessary, such as changes in the financial situations of the parties, changes in the needs of the parties, or changes in the amount of time spent with each party. The Motion also includes a request for a specific amount of money to be paid for spousal maintenance. Both motions must be filed with the court, and the judge will review the case and make a decision on whether to approve or deny the motion. If approved, the new arrangement will be put into effect and both parties will be expected to adhere to the new terms.
Minnesota Instructions - Motion to Modify Child Support and/or Spousal Maintenance
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FAQ
Courts use the parenting expense adjustment law to adjust the basic child support amount for parenting time expenses, based on the number of overnights parents have in their court order. Parenting time expenses include the costs of caring for a child, like food, transportation, and clothing, during parenting time.
Second, the minimum basic support amounts were changed so that now, minimum amounts start at $50 for one child, with $10 increases for each additional child up to six children. In the case that a non-primary custodian has over six children, the judge will exercise discretion in setting a minimum basic support amount.
Basic child support is calculated based on the combined gross income of both parents and is allocated based on each parent's proportionate share of the combined parental income for child support. Minn. Stat. § 518A.
Some parents are able to manage a roughly 50/50 custody split, meaning that the child lives with each parent an equal amount of time. This can work if both parents live close to one another and to the child's school, and are able to exchange the child regularly without difficulty.
If either parent has a change in income, medical coverage, or other circumstances, the child support order may be modified. Court-ordered child support obligations can be changed only by the court. A motion to modify the support amount must be served and filed with the court.
Filing a Motion to Modify Child Support At a Self-Help Center. To find a Self-Help Center go to the court's Self-Help Page or call (651) 435-6535, OR. Get the forms online from the court's Child Support Modification Forms Page. Forms on the Courts website are organized in "packets" and by individual forms.
The court orders a flat percentage of 25% of the non-custodial parent's income to be paid in child support to the custodial parent.
Child support may still be paid even if the parents share joint physical custody. If a parent has between 10% to 45% parenting time, then that parent will receive a 12% adjustment (reduction) in the child support owed to the other parent.
