Life doesn’t stand still after divorce. Jobs change, businesses grow or struggle, children’s needs evolve. What once felt like a fair child support order may no longer reflect reality. Fortunately, Minnesota law recognizes this and allows parents to request a modification of child support when circumstances change. What follows is a high-level overview of the process – every case turns on its own facts, and the right approach depends on the specific circumstances of your situation.
The Legal Standard: A “Substantial Change”
Under Minnesota Statutes § 518A.39, a parent may ask the court to modify child support if there’s been a substantial change in circumstances that makes the current order “unreasonable and unfair.”
Some common examples include:
- Job loss or reduced hours (layoff, termination, or forced reduction)
- Increased income (promotion, higher-paying job, or business growth)
- New self-employment or major changes in business income
- Health issues or disability that affect earning capacity
- Changes in childcare costs or insurance coverage
Courts generally look for at least a 20% and $75 per month difference between the existing support amount and the recalculated amount under current guidelines.
What Documentation Will You Need?
To modify support, you must provide updated and reliable financial information. Courts require more than just your word. Be prepared to show:
- Recent pay stubs (typically the last 3 months)
- Most recent tax return (including all schedules if self-employed)
- Proof of job loss or change (termination letter, unemployment benefits statement, or new employment contract)
- Business records if you own a company (profit-and-loss statements, QuickBooks reports, etc.)
- Documentation of expenses like health insurance or childcare costs
The more thorough and organized you are, the more credible your request will be.
The Process and Timeline
- Filing a motion: To formally change child support, you must file a motion with the court. This includes supporting documents and a proposed recalculation under Minnesota’s child support guidelines.
- Service and response: The other parent has the opportunity to respond, often with their own financial records.
- Court hearing or agreement: Some cases resolve by agreement, especially if both parties acknowledge the change. If not, the court will decide after reviewing evidence.
- Timeline: Depending on the county, a modification motion can take several weeks to several months to be fully heard and resolved.
Importantly, modifications are generally not retroactive before the filing date — meaning the sooner you file, the sooner the change can take effect.
Common Challenges
- Voluntary unemployment: If the court believes a parent quit a job or reduced income on purpose to lower child support, the judge may impute income (assigning an income amount based on ability to work).
- Fluctuating income: For parents who are self-employed, commission-based, or seasonal workers, courts often average income over a period of time to avoid unfair spikes or dips.
- Incomplete records: Failing to provide full documentation can delay the process or cause the court to rule against you. Transparency is critical.
Practical Takeaways
- Child support can change when life changes, but the court requires proof.
- File promptly — modifications usually can’t reach back before the date you file.
- Keep good records: pay stubs, tax returns, business reports, and expenses.
- Don’t try to “game the system” — voluntary income reductions often backfire.
Final Thoughts
Child support isn’t static – it’s meant to adapt as life circumstances change. Whether you’ve lost a job, received a promotion, or seen your child’s needs shift, Minnesota law provides a process for ensuring support remains fair. With careful preparation, organized documentation, and skilled advocacy, you can avoid costly missteps and secure a result that truly reflects your situation.
At Lommen Abdo, P.A., our family law team has decades of experience handling complex child support matters across Minnesota and Wisconsin. We work closely with clients, accountants, and financial experts to build strong, evidence-based cases that stand up in court.
If you need to seek or contest a child support modification, contact Lommen Abdo today to develop a strategy tailored to your circumstances.
About the Author
Andrew T. Hunstad is a Minnesota and Wisconsin family law attorneys at Lommen Abdo, P.A., focusing on complex divorce, child support, and custody matters. Recognized by Minnesota Monthly and Super Lawyers, Andrew helps clients navigate high-stakes family law issues with clear strategy and practical advice.