Child Support Modification - Minnesota

NOTICE OF MOTION AND MOTION TO MODIFY CHILD SUPPORT — MINNESOTA

District Court, [________] Judicial District, [________] County, Minnesota

Court file number: [________________]

Notice of hearing

To [RESPONDING PARTY NAME] and all other parties entitled to notice:

The moving party will bring this motion before [JUDICIAL OFFICER, IF KNOWN] on [__/__/____] at [____] ☐ a.m. ☐ p.m. at [COURTHOUSE/REMOTE HEARING INSTRUCTIONS]. The motion asks the Court to modify the child support order dated [__/__/____] for the reasons and relief stated below.

Notice of time to respond: The Rules establish deadlines for responding to motions. All responsive pleadings shall be served and filed with the court administrator no later than 7 days before the scheduled hearing. The court may, in its discretion, disregard any responsive pleadings served or filed with the court administrator less than 7 days before such hearing in ruling on the motion or matter in question.

Motion

The moving party, [NAME], requests an order under Minn. Stat. § 518A.39:

1. Modifying basic child support from $[________] per month to $[________] per month, payable by [PARENT] to [PARENT].
2. Modifying child care support to $[________] per month or the amount determined by the Court under § 518A.40. Requested allocation: [________________].
3. Modifying medical support under § 518A.41 as follows: [COVERAGE, PREMIUM SHARES, AND UNINSURED EXPENSE ALLOCATION].
4. Setting the effective date at [__/__/____], subject to § 518A.39, subd. 2(f). An alternative effective date under subd. 2(l) is requested only if the parties enter a binding agreement for that date: [IDENTIFY AGREEMENT OR LEAVE BLANK].
5. Directing payment and any withholding as the Court determines under applicable law and the existing order.
6. Granting only other relief the Court finds authorized and supported by the record: [________________].

The supporting facts are in the affidavit below and its exhibits. The moving party asks the Court to apply the current income shares calculation under Minn. Stat. §§ 518A.34-.35. The guideline is rebuttable; this motion does not assume a change in income automatically changes the order.

Affidavit of [MOVING PARTY]

I, [NAME], state on personal knowledge:

1. I am ☐ the obligor ☐ the obligee under the order entered by [COURT] on [__/__/____], file number [________________]. The order requires basic support of $[________] per month, child care support of $[________] per month, and medical support described as [________________]. A copy is Exhibit A.
2. The children covered by that order are [NAMES AND BIRTH DATES OR PROTECTED REFERENCE]. Their present parenting schedule or court ordered parenting time is [________________].
3. Since the order, these circumstances changed: [DESCRIBE FACTS, DATES, AND SOURCES]. The changes affect the order because [EXPLAIN]. I attach supporting records as Exhibits [____].
4. Current monthly gross income and parental income for determining child support (PICS), to the extent known, are:

5. Combined PICS is $[________]. Applying the current guideline to [NUMBER] joint children and the current parenting expense adjustment produces proposed basic support of $[________] monthly. Calculation worksheet and assumptions are Exhibit [____]. The difference from the current order is $[________] and [____] percent.
6. Current work or education child care cost is $[________] monthly, supported by [PROVIDER/RECORD]. Current available health coverage, child premium cost, and unreimbursed expenses are [________________], supported by Exhibit [____].
7. ☐ I rely on a changed circumstance listed in § 518A.39, subd. 2(a), described in paragraph 3. ☐ I rely also on the rebuttable guideline variance in subd. 2(b)(1): at least 20 percent and $75 monthly, or at least 20 percent if the current order is below $75. The calculation in paragraph 5 supports this selection.
8. The notice of this motion was or will be served on the responding party on [__/__/____] and, where required, the public authority on [__/__/____]. I request the effective date above based on those service dates under § 518A.39, subd. 2(f), or on the binding agreement identified in item 4 if applicable.
9. Other facts relevant to a deviation or to the requested relief: [________________].

I declare under penalty of perjury that everything I have stated in this document is true and correct. Executed on [__/__/____] in [COUNTY] County, [STATE].

Signature of moving party: __________________________

Printed name: [________________________________]

Address for service: [________________________________]

Telephone / email: [________________________________]

Attorney, if any: [________________________________]

Exhibits and service record

• Exhibit A: Existing support order dated [__/__/____].
• Exhibit B: Current income documents and completed support calculation.
• Exhibit C: Child care, health coverage, and other records supporting the requested change.
• Other exhibit: [________________].

I certify that on [__/__/____] I served this notice, motion, affidavit, and listed exhibits on [NAME/ADDRESS] by [PERMITTED METHOD]. If payments are made through a public child support authority, I also served a copy on [AUTHORITY/ADDRESS] on [__/__/____] by [PERMITTED METHOD], as required by § 518A.39, subd. 1. If public assistance is furnished or the county attorney is counsel of record, notice was served on [AUTHORITY/ATTORNEY] on [__/__/____] for any retroactivity request under subd. 2(f). Subject to any court modification, the moving party must serve and file the motion materials at least 21 days before the hearing under Minn. Gen. R. Prac. 303.03(a)(1).

Signature: __________________________ Date: [__/__/____]

File the court's Certificate of Settlement Efforts when required by Minn. Gen. R. Prac. 303.03(c), using the state court administrator's form. Record any statutory exception or court excuse there.