In Minnesota, when it comes to child support, good intentions aren’t enough—you need a court order. A recent decision from the Minnesota Supreme Court made that crystal clear: private agreements between parents to reduce child support are not legally valid.

If you’re paying or receiving child support, this case should be a wake-up call. Even if both parents agree to a change, unless it’s done through the court, it can come back to haunt you—big time.

The Court’s Message: No Private Deals

In this case, a court had ordered the Father to pay monthly child support for the parties’ two children. Years later, the Mother began accepting lower monthly payments—first $1,000, then just $500—even though the court-ordered amount was higher. These informal payments continued for several years. But when the Father stopped paying promptly, the Mother sought enforcement of the original order.

The result? The Father was notified he owed more than $30,000 in child support arrears—the difference between what the court ordered and what he actually paid. Notably, Father’s child support arrearages are not dischargeable in bankruptcy; the debt will remain fully enforceable regardless of a bankruptcy filing.

The Minnesota Supreme Court ruled that the private agreement was legally meaningless. Only the court has the power to change child support, and it must be done through a formal legal process.

What Minnesota Law Says

Minnesota Statute § 518A.39 strictly limits the court’s ability to modify child support retroactively. A child support modification can only take effect as far back as the date the motion to modify was served. Anything owed before that date? Still owed—even if the other parent agreed to accept less.

The Court also emphasized that informal “side agreements” cannot override a valid child support order. Even principles of fairness (equity) cannot be used to wipe out arrears unless the modification is done legally.

This Reasoning Applies to Spousal Maintenance Too

It’s not just child support. The same legal principles apply to spousal maintenance (alimony).

If you and your former spouse agree to lower or stop spousal maintenance payments without a court order, that agreement won’t protect you. Minnesota courts have consistently held that spousal maintenance orders—just like child support—can only be changed by the court, and only after the proper legal procedures are followed.

Minn. Stat. § 518A.39 governs spousal maintenance modifications as well. Courts have also applied similar reasoning in key cases, reinforcing that extrajudicial agreements—no matter how reasonable they seem—are not enforceable. If your ex-spouse seeks enforcement, you could be held liable for the full amount, including interest and penalties.

Why You Need a Skilled Family Law Attorney

Don’t make the mistake of thinking a verbal or written agreement with the other parent or spouse is enough. You need an attorney who understands the legal process and can protect you.

Hiring a competent family law attorney ensures:

• Proper motions are filed and served correctly;
• Retroactive arrears are minimized or avoided;
• Agreements are court-approved and enforceable;
• You stay protected from expensive legal consequences down the road.

The Bottom Line

If you’ve experienced a change in income, parenting time, or living expenses, don’t go it alone. Even the most cooperative agreements can unravel if they’re not formalized by the court. You risk thousands of dollars in arrears, contempt proceedings, and damage to your credibility.

Contact our office today to schedule a consultation. We’ll help you make sure your child support or spousal maintenance arrangement is not only fair—but enforceable.