The Mn Criminal Defense, Personal Injury & Family Law Blog
When can a Buffalo, MN Family Law Attorney Adjust a Child Support Obligation?
April 14, 2020
Typically, child support obligations should be adjusted, either up or down, at least once every three years. That’s the only way to keep up with things like employment changes, lifestyle changes, and emotional changes. Child support adjustments usually require parenting plan modifications as well, because these changes frequently overlap. For example, a new job usually means a different commute time or even a relocation.
In both these situations, it’s very important that the judge approve the changes. Informal side agreements regarding parenting time changes, even if these pacts are in writing, are unenforceable in Wright County family court. Additionally, as far as the state is concerned, the child support obligation listed in the decree, and not the one the parties agreed on, is the only one that matters.
So, even if the child support change is agreed, a Buffalo, MN family law attorney should be part of the process. Typically, judges approve agreed changes without holding hearings. Moreover, if the parties do not agree 100 percent on everything, a Buffalo, MN family law attorney can usually bring them together. That way, they can present an agreed order to the judge and streamline the modification process.
Most people change jobs at least twelve times during their careers. Most of these changes involve compensation changes as well. Additionally, even if people stay put, annual salary adjustments are commonplace.
As for proof, sometimes a recent paystub is sufficient, for obligors requesting increases or decreases. But that’s not true in most cases. A significant number of people freelance on the side, or they might be completely self-employed. Additionally, some compensation, such as a company car or provided housing, does not appear on paystubs.
Obligees seeking to increase the child support obligation often face different issues. So, a Buffalo, MN family law attorney requests financial documents during discovery. Obligees can also look for red flags, such as lifestyle changes, which indicate the obligor is making more money.
Income changes, along with any other ground for modification, must be mostly involuntary. Obligors cannot leave high-paying jobs in order to reduce their child support obligations. The same thing holds true for alimony reductions. Circumstantial evidence of intentional underemployment includes social media posts about high support payments.
Buffalo, MN Family Law Attorneys and Expense Changes
In a few states, parental income, and specifically the obligor’s income, is basically the only factor to consider. But Minnesota is an income share state. Child support payments in these states are designed to give the children the same standard of living they would have had if their parents were still married.
So, in Wright County, expense changes could prompt payment changes. Some expenses, such as insurance costs, are factored into the child support guidelines. Others, such as private school tuition costs, are not factored in.
Expense changes will not support a motion to modify child support unless they were unanticipated at the time the decree was entered. Daycare expenses are a good example. These changes are inevitable. Children get older, leave daycare, and attend school. The added money obligees receive through elementary and middle school years helps them cope with the increased expenses which come during the high school years.
Moreover, expense changes must be in the best interests of the children. That’s different from the best interests of the parents. Private afterschool care might be much more convenient than the YMCA, but it may not necessarily be in the best interests of the child.
Speaking of children growing older, child support terminates at age 18, in most cases. Most decrees include language to that effect, but sometimes, a Buffalo, MN family law attorney needs to file a motion to modify based on age, marriage, emancipation, or whatever.
Not all emotional changes are this dramatic. As mentioned, Minnesota is an income share state. So, the parenting time division is relevant to the child support obligation. As children get older, visitation time often changes as well. Eight or ten overnights a month might become a dozen or more.
If the emotional change is significant, the judge will probably adjust the child support obligation appropriately. Usually, this adjustment is just a matter of recalculating the guideline amount using the correct number of overnights. Smaller changes, such as children staying with Mom after school, probably do not qualify as significant.