Child Support Modification

PETITION AND MOTION TO MODIFY CHILD SUPPORT

(Minn. Stat. §§ 518A.35 & 518A.39)

[CAPTION – Insert Appropriate Minnesota District Court Header]

STATE OF MINNESOTA                                                            DISTRICT COURT
COUNTY OF [COUNTY]                                           ___________ JUDICIAL DISTRICT
Family Court Division

In Re the Marriage / Custody of:                               Court File No. [COURT FILE NO.]

[NAME OF PETITIONER],                                          PETITION AND MOTION
      Petitioner,                                              TO MODIFY CHILD SUPPORT
v.                                                             (Minn. Stat. §§ 518A.35, 518A.39)

[NAME OF RESPONDENT],  
      Respondent.

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties (Declarations)
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Parties. Petitioner (“[PETITIONER FULL LEGAL NAME]”) and Respondent (“[RESPONDENT FULL LEGAL NAME]”) are the parents of the minor child(ren) identified below and are parties to an existing child support order dated [DATE OF PRIOR ORDER] (the “Existing Order”).

1.2 Recitals.
a. The Existing Order was entered by this Court under Minn. Stat. ch. 518A.
b. A substantial change in circumstances has occurred as detailed herein, warranting modification of child support pursuant to Minn. Stat. § 518A.39, subd. 2.
c. Petitioner seeks prospective modification of basic support, medical support, and child care support effective [PROPOSED EFFECTIVE DATE].

1.3 Jurisdiction & Venue. The Court has continuing, exclusive jurisdiction over child support under Minn. Stat. § 518A.39, subd. 1, and venue is proper in [COUNTY] County under Minn. Stat. § 518.09.

1.4 Effective Date. This Petition shall be effective upon filing with the Court and service upon Respondent in accordance with Minn. R. Gen. Prac. 303.03.

2. DEFINITIONS

For purposes of this Petition and any resulting order, the following terms shall have the meanings set forth below. Defined terms apply equally to singular and plural forms.

a. “Adjusted Gross Income” or “AGI” – Each parent’s gross income, less deductions allowed by Minn. Stat. § 518A.33.
b. “Basic Support” – The base child support obligation determined under Minn. Stat. § 518A.35.
c. “Child Care Support” – The obligor’s share of work- or school-related child care costs under Minn. Stat. § 518A.40.
d. “Medical Support” – The obligation to maintain health/dental insurance and pay a proportionate share of uninsured expenses under Minn. Stat. § 518A.41.
e. “Existing Order” – The child support provisions entered [DATE] in Court File No. [COURT FILE NO.].
f. “Obligee” – The party receiving support under the modified order.
g. “Obligor” – The party ordered to pay support under the modified order.

3. OPERATIVE PROVISIONS

3.1 Request for Hearing. Petitioner respectfully moves the Court for a hearing at the earliest practicable date to consider this Petition.

3.2 Modification Sought. Petitioner requests that the Court:
i. Re-determine each party’s AGI and Parental Income for Child Support (“PICS”) pursuant to Minn. Stat. § 518A.34;
ii. Apply the Guideline Child Support Calculator in accord with Minn. Stat. § 518A.35;
iii. Establish new Basic Support, Medical Support, and Child Care Support amounts based on the parties’ current incomes and parenting expense percentages;
iv. Order income withholding pursuant to Minn. Stat. § 518A.53; and
v. Make the modification effective [PROSPECTIVE DATE OR FIRST DAY OF MONTH FOLLOWING SERVICE], or as the Court deems equitable.

3.3 Substantial Change in Circumstances. Petitioner alleges that at least one statutory trigger under Minn. Stat. § 518A.39, subd. 2(a) exists, including but not limited to:
a. A gross income change exceeding 20%;
b. A change in the cost of health insurance or child care;
c. The passage of 3 years since entry of the Existing Order producing a presumptive 20%/$75 variance.

3.4 Child(ren) Affected. [LIST FULL NAMES AND BIRTHDATES]. Support is requested for each child until emancipation as defined by Minn. Stat. § 518A.26, subd. 5.

3.5 Financial Disclosure. Petitioner attaches the following required documents:
• Completed Financial Affidavit (Form EXP102)
• Two most recent paystubs or income statements
• Most recent federal and state tax returns (with schedules)

4. REPRESENTATIONS & WARRANTIES (DECLARATIONS)

4.1 Truth and Accuracy. Petitioner declares under penalty of perjury that all facts stated herein and in the attached financial documents are true and correct to the best of Petitioner’s knowledge, information, and belief.

4.2 No Collusion. This Petition is not made for purposes of delay or harassment but to promote the best interests of the minor child(ren).

4.3 Compliance. Petitioner has complied with all filing and service requirements of Minn. R. Gen. Prac. 302–304.

4.4 Survival. These representations survive the execution of any resulting order.

5. COVENANTS & RESTRICTIONS

5.1 Duty to Supplement. Each party shall promptly supplement financial disclosures if income changes by more than 10% or upon request of the other party or the Court.

5.2 Parenting Expense Adjustment. Both parties shall keep the Court and each other informed in writing of any substantial change to parenting time that may alter the parenting expense adjustment under Minn. Stat. § 518A.36.

5.3 Health Insurance. The parent with access to the most comprehensive and reasonably-priced coverage shall maintain health and dental insurance for the child(ren).

5.4 Tax Dependents. Allocation of federal and state dependency exemptions shall remain as ordered in the Existing Order unless otherwise modified herein.

6. DEFAULT & REMEDIES

6.1 Events of Default. Failure of the Obligor to pay support in full and on time constitutes a default.

6.2 Notice & Cure. No notice is required before statutory remedies may be pursued; Minnesota’s income withholding and enforcement remedies apply automatically.

6.3 Graduated Remedies. Upon default, the following remedies are requested:
a. Immediate wage garnishment/income withholding (Minn. Stat. § 518A.53);
b. Entry of judgment for arrears with interest under Minn. Stat. § 548.091;
c. Interception of state and federal tax refunds (Minn. Stat. § 270A.03);
d. Suspension of driver’s and occupational licenses (Minn. Stat. § 518A.65).

6.4 Attorney Fees & Costs. Petitioner seeks an award of need-based and/or conduct-based fees under Minn. Stat. § 518.14, subd. 1.

7. RISK ALLOCATION

7.1 Indemnification. Not applicable to this family-law proceeding.

7.2 Liability Cap. The Obligor’s liability is limited only as provided by Minnesota child support statutes; no contractual cap applies.

7.3 Force Majeure. Statutory modification provisions address involuntary inability to pay; no separate clause is required.

8. DISPUTE RESOLUTION

8.1 Governing Law. All matters shall be governed by the laws of the State of Minnesota, including Minn. Stat. ch. 518A.

8.2 Forum Selection. Exclusive jurisdiction and venue lie in the District Court, Family Court Division, [COUNTY] County, Minnesota.

8.3 Arbitration. Not available for child support matters by statute and public policy.

8.4 Jury Waiver. Family court proceedings are heard by the court without a jury.

8.5 Injunctive Relief. Income withholding and contempt powers of the Court remain available notwithstanding any other provision herein.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. Any waiver or amendment of a resulting order must be in writing and approved by the Court.

9.2 Assignment. Rights to receive support may be assigned only as permitted under federal and state law (e.g., IV-D assignment to the public authority).

9.3 Severability. If any provision of the modified order is found unenforceable, the remainder shall remain in full force.

9.4 Integration. The modified order shall supersede all prior inconsistent child support provisions.

9.5 Electronic Signatures. Electronic signatures shall be accepted as originals consistent with Minn. Stat. § 325L.07.

10. EXECUTION BLOCK

Dated: [DATE]

__________________________________           __________________________________
[PETITIONER NAME]                            [RESPONDENT NAME] (if stipulating)
Petitioner                                   Respondent

Address: [ADDRESS]                           Address: [ADDRESS]
Phone: [PHONE]                               Phone: [PHONE]
Email: [EMAIL]                               Email: [EMAIL]

                                           ACKNOWLEDGMENT
STATE OF MINNESOTA          )
                            ) SS.
COUNTY OF [COUNTY]          )

The foregoing instrument was acknowledged before me on [DATE] by
[PETITIONER NAME], who is personally known to me or produced satisfactory
evidence of identity and who executed the same freely and voluntarily.

__________________________________
Notary Public
My Commission Expires: __________

ATTACHMENT CHECKLIST

• Exhibit A – Financial Affidavit (Form EXP102)
• Exhibit B – Proposed Child Support Guideline Worksheet
• Exhibit C – Proof of Income & Insurance Costs
• Exhibit D – Draft Order (Optional for Judge’s Convenience)

Prepared for use by licensed Minnesota attorneys. Review local court rules and confirm all statutory references prior to filing.