In Minnesota, most child support and spousal maintenance orders include a provision for a cost-of-living adjustment (COLA). This adjustment ensures that support obligations keep pace with inflation and changes in the cost of living over time. A COLA helps preserve the real value of child support and maintenance, so recipients can continue meeting the financial needs of children or former spouses.
What Is a Cost-of-Living Adjustment?
A cost-of-living adjustment increases the amount of basic child support or spousal maintenance due under an existing court order. These adjustments are based on the Consumer Price Index (CPI), which is published by the U.S. Department of Labor. The CPI measures inflation and tracks the average change in prices for common goods and services.
COLAs apply only to basic child support and spousal maintenance. They do not affect medical support or child care support.
When Does a COLA Take Effect?
For full-service cases—where the county child support office is involved—COLAs are typically scheduled every two years and go into effect automatically on May 1st of the applicable year. Parents receive a notice at least 20 days before the increase takes effect.
For income-withholding-only cases or private support arrangements that do not involve the county, the parties must take action to initiate a COLA. This may involve calculating the adjustment and filing a motion with the court.
Can a COLA Be Stopped?
Yes. If the parent responsible for paying support believes their income has not increased enough to afford the adjustment, they may contest the COLA. There are two options:
1. Motion to Stop COLA – The paying parent must file a Notice of Motion and Motion to Stop COLA with the court before the effective date (typically no later than the last business day in April). Copies must also be mailed to the other parent and, if applicable, the county child support office. At a contested hearing, the parent who owes support must demonstrate that their gross income has not increased sufficiently to support the adjustment. Supporting documentation such as tax returns or pay stubs may be required.
2. Agreement to Waive or Partially Waive COLA – Both parents may agree to waive or reduce the COLA. This agreement must be approved by the county attorney’s office (if the county is involved) and filed with the court administrator before the adjustment takes effect.
Whether you are receiving or paying child support, it is important to review your court order and understand how cost-of-living adjustments may affect your obligation. Deadlines matter, and failure to act can result in automatic increases that may not reflect your current financial circumstances. If you have questions about a COLA notice or need assistance contesting or waiving an adjustment, speak with an experienced Minnesota family law attorney.