FAQs
How to Get Child Support
What is the "Expedited Process"
How to Modify an Existing Child Support Order
Does the new Parenting Expense Adjustment apply to my Child Support Order?
What to Expect at a Child Support Hearing (general guide - MN Dept. Human Services)
What if I Disagree with the Court Order
How to Handle the Cost of Living Adjustment (COLA)
How to Enforce a Minnesota Child Support Order
How to Collect Unpaid Child Support
How to Collect or Contest Unpaid Medical and Dental Expenses
How to Get Driver's License Reinstated After Suspension for Unpaid Support
How to Modify or Enforce a Child Support Order from Another State
See also
Paternity FAQs (Recognition of Parentage, genetic testing, etc.)
How to Get Child Support
IMPORTANT! Generally, to get a child support order in Minnesota, the
custodial parent and the child must have lived in the state for at least 180 days before starting the case. See
Minn. Stat. § 518C.201 about non-residents.
A court may issue an order for child support in different types of cases, including:
Help from County Child Support Office
A good option is to use the services of your County Child Support Office to establish and/or enforce child support. You are not required to use the county service unless the parties or child get
public assistance.
MN County Child Support Offices will work with
both parents to:
You simply
fill out an application and pay a low, one-time fee to get services. Any parent, guardian, or third-party custodian may apply for help from the local county Child Support Office to get a child support order and collect payments. For more information, see
Child Support Services: Inexpensive, comprehensive and helpful (DHS-4116) (pdf 788kb), a booklet provided by MN Dept. of Human Services.
NOTE: Cases that involve the county child support office are called
IV-D cases. Generally, IV-D cases are heard in the
"Expedited Process" ("ex pro") by a
child support magistrate. Sometimes, IV-D court cases are handled by a judge or referee if the case includes issues that a magistrate cannot decide (e.g., divorce).
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What is the "Expedited Process" (ex pro)
Federal law requires each State to have an expedited child support process (
"ex pro") for hearing certain types of child support cases. The expedited process has specific
Court Rules (ex pro) and
Forms (ex pro). Usually, a child support magistrate rather than a judge hears ex pro cases. See
Minn. Stat. § 484.702.
Child support cases can be handled in the expedited process if:
Ex pro cases can involve situations where a party wants to: establish (start), modify (change), or enforce an order for any aspect of child support, including the basic support amount, medical care, or child care.
In limited cases, a court order for
spousal maintenance can be heard in the expedited process
IF it is combined with an order for child support.
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How to Modify (Change) an Existing Support Order
A parent can ask the court to change an existing child support order by filing either a
Stipulation (agreement) or a
Motion to Modify Support. The law on changing a child support order is online at
Minn. Stat. § 518A.39.
Stipulation (agreement) to Modify Support
If all parties agree to change support
AND sign a written agreement, they can file a Stipulation with the court. In the Stipulation, the parties should explain how the change in support is in the best interest of the child.
After a Stipulation is filed, a judge (or magistrate) will review it. If the judge agrees with the terms of the Stipulation and signs it, then that becomes the new child support order. There is no guarantee that the judge will agree and sign the Stipulation, and the court might require you to attend a hearing to discuss it.
Public Assistance: If either parent or the child gets
public assistance, the parties must give their County Child Support Office an opportunity to review the Stipulation
BEFORE filing it with the court. In some counties, if the child support office agrees with the Stipulation, the County Attorney must sign the Stipulation form.
Stipulation Forms: The MN Judicial Branch
does NOT publish sample Stipulation forms. You might find sample forms at your local
law library, or you could
talk with an attorney to get help drafting a Stipulation.
Motion to Modify Support
The party filing a Motion to Modify child support must explain in their papers that there has been a
change in circumstances that makes the current support order unreasonable or unfair. A change to a child support order can
only include the time period back to the date the Motion to Modify was "served" on the other parties.
If the
County Child Support Office is involved in the case, a party can ask the child support office to bring a Motion to Modify the order based on a change in circumstances, but not all counties will do it or there may be a wait to get services.
What to Do if You Don't Know the Other Party's Address
You need the address of the other party to serve them with copies of your court papers. If you do not know the address,
you must make reasonable efforts to try to get it. Ask friends or relatives, look in the telephone book, or search on the Internet. See also
How Can I Find Someone?
If you cannot find a mailing address and the County Child Support Office is involved in your case, you can fill out a
Request for Child Support to Serve and file it with the court to ask a judge to order the Child Support Office to mail your papers to the other party's last known address. If the judge grants your request, you then bring a copy of your papers and the order to the County Child Support Office and they will mail the papers to the last known address of the other party.
Changing an Order When a Child Turns 18 and Has Left High School
IMPORTANT!
Read your child support order to see if it deals with how long support must be paid. Orders often say something like "until the child turns 18 years old or graduates from high school, whichever is later," or it might have other requirements.
NOTE: If the parents have multiple children together and one of the children turns 18 and has left high school (age 20 at the latest), the support order
will NOT change automatically. In some cases, the amount might even go up. Use the
Child Support Calculator to figure out what your new support amount might be under current Minnesota law.
If the County Child Support Office
is involved in the case, it is the responsibility of the parents to notify the County when a child turns 18 years old and has left high school (age 20 at the latest). Some counties closely monitor cases and will automatically stop collecting the support, but some require that you file a
Motion to Modify Child Support (ex pro) to end support. Contact your support caseworker for help.
If the County Child Support Office
is not involved in the case and one parent pays the other parent directly, the order for child support
will NOT change automatically when a child turns 18 and has left high school (age 20 at the latest.) A parent must file a
Motion to Modify Child Support (Dist.Ct.) or a "Stipulation" form (if parties agree) to stop or change the obligation to pay support.
If there are any support arrears (unpaid amounts), this could affect when the duty to pay support will end.
Emancipation: Legal "
emancipation" of a minor child may affect the duty to pay support. Talk with your child support caseworker or
get advice from an attorney if this is your situation.
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Does the new Parenting Expense Adjustment apply to my Child Support Order?
Starting August 1, 2018, a new parenting expense adjustment law changes how the court adjusts the basic child support amount for parenting time expenses. See
Minn. Stat. § 518A.36. This adjustment is based on the number of overnights with the child(ren) given to each parent in their court order. You may find it helpful to review the
Calculating the Number of Overnights handout.
Existing child support orders will not change automatically because of this new law, and it only affects parents who have court-ordered parenting time. You can use this
flowchart to help you determine whether the parenting expense adjustment applies to your child support calculation. If you have a court order that states the number of overnights and you would like to have the amount of your child support recalculated, you will need to file a Motion to Modify Child Support. Generally, the court can change the basic support amount if the new amount is at least $75 and 20% higher or lower than your current order.
NOTE: If you ask the court to recalculate your basic child support, the amount could go up, go down, or stay the same in the new court order. You can estimate the amount of child support the court might order using the
MN Child Support Guidelines Calculator online.
If you have a court order for parenting time but the number of overnights is not clear (for example, the order says reasonable parenting time or parenting time as agreed by the parties, or parenting time is reserved), you can file a
Motion for Parenting Time Assistance asking the court for an order with a more specific schedule. You could then consider filing a Motion to Modify Child Support.
If you do not have a court order for parenting time, you may be able to file a
Petition to Establish Custody and Parenting Time asking the court to issue an order establishing custody and a specific parenting time schedule. You could then consider filing a Motion to Modify Child Support.
See the
MN Department of Human Services FAQ for more information.
What if I Disagree with the Court Order
NOTE: The forms and information below apply to
"EX PRO" child support cases only.
How to Correct Clerical Mistakes
If a case involves the county child support office and a party thinks the order has a mistake with names, incomes, calculations, spelling, etc., the party could file a
Motion to Correct Clerical Mistakes (ex pro) with the court.
Family Court Rule 377.02 requires a party to serve and file the Motion to Correct
as soon as possible after discovering the mistake. The other parent can file forms called
Response to Motion to Correct Clerical Mistakes (ex pro).
How to Ask for Review of a Recent Order
After the hearing (usually within 30 days), the court will serve the parties (usually by mail) with a document called "Notice of Entry of Order" along with a copy of the Order. If the case involves the county child support office and a parent wants the magistrate (or judge) who issued the order to:
- amend (change) the terms of the order,
- look at new evidence, or
- grant a new hearing based on errors made by the court,
that parent could file a
Motion for Review (ex pro). This form can be used to ask for just a review, or for a review combined with clerical mistakes.
You may NOT use these forms to bring other issues to the court.
The Motion must be
filed with the court and served on the other parties within 21 days from when the court served the Notice of Entry of Order. You
can add 3 days if you got the Notice from the court by mail. See
Family Court Rules 377.02 and 354.04.
The other parent can file forms called
Response to a Motion to Review (ex pro).
Appeal to the Minnesota Court of Appeals
Appealing a case to the Court of Appeals is
very difficult, so you should get help from a lawyer. Court employees cannot give advice on how to handle your appeal. Find more resources on our website at
Appealing a Case in Minnesota Courts, and also in the
MN Court of Appeals Help Topics.
A
final child support order may be appealed to the
MN Court of Appeals as explained in
Family Court Rule (ex pro) 378, but knowing when an order is "final" and if you meet the requirements for appeal requires legal advice that you need to get from a lawyer. The appeal process
must be started within 60 days of the date the court administrator serves upon the parties the Notice of Filing of Order or Notice of Entry of Judgment. See
MN Rules of Appellate Procedure.
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How to Handle COLA
The cost of clothing, food, housing, transportation goes up over time, so most child support orders in Minnesota say that the amount of child support
can be adjusted every two (2) years based on increases to the cost of living. Read your court order to see if it talks about a
cost of living adjustment (COLA). It might be in
"Appendix A" of your order. COLA increases do not usually happen automatically unless the county child support office is involved in collecting support.
How to Get a Cost of Living Adjustment
If the county child support office IS involved, then the county handles COLA increases, and usually sends Notices to the parties in the month of March. To stop a COLA increase, the parent who pays support must file a Motion with the court by the last business day in April, or else the COLA will take effect on May 1st. See
Minn. Stat. § 518A.75. Court offices are closed on weekends, and Motion paperwork might not be accepted for filing after the last business day in April, so it is best to file and serve as early as possible.
If the county support office is
NOT involved in the case, and the parent who gets support wants to ask the court for a COLA increase, she or he must start the process by creating, serving and filing legal forms that ask the court for a COLA increase. Sample forms are available in booklet called
Guide to Child Support and Spousal Maintenance Cost of Living Adjustments, published by the Office on the Economic Status of Women (MN Legislature), but we encourage you to
talk with a lawyer about how to handle your case.
How to Stop the Cost of Living Adjustment
If the parent who pays child support wants to stop the COLA increase, that parent must file a Motion with the court and prove that his or her
gross income has not increased enough to cover the COLA. Gross income is defined in the law at
Minn. Stat. § 518A.29. Usually, the parent has to give the court the
3 most recent years of tax returns as proof. This proof must also be given to the other parent and the county if it is involved in the case.
IMPORTANT UPDATE: Due to the COVID-19 pandemic, the legislature has extended the time to ask the court to stop the cost-of-living adjustment from April 30, 2020, to June 30, 2020. If there are reasons related to the COVID-19 pandemic that prevent you from bringing the motion earlier, you can file it as late as October 31, 2020, and still ask the court to consider your request.
NOTICE: If you file after April 30, 2020, the increase will automatically be applied by the Child Support Agency on May 1, 2020. The court will later determine if the increase is appropriate. Your child support account may be adjusted, depending on the court’s decision.
The only way to make sure the increase does not happen before your motion is heard by the court is to serve and file these motion forms by April 30th.
To complete the forms, you must have:
- mailing address for the other party,
- copies of your tax returns for the last 3 years,
- your current employment and income information, and
- a copy of the “Notice for Cost of Living Adjustment” you got from the County Child Support Office or other party (file this with the court along with your Motion papers).
Child Support Forms
Want to "do it yourself?" Watch the child support video, which takes you step-by-step through completing the motion forms and filing them with the court.
FAQs on Cost of Living Adjustment
Q: Why do I have to provide my tax returns for the last 3 years?
Child Support Orders can get a COLA increase every 2 years. To stop the COLA increase from taking effect, you must file a Motion
with proof to the court that your gross income has not increased enough over the last few years to justify the increase in child support. Your tax returns will show the court whether your income has increased or decreased. If you want to stop the COLA increase,
YOU must prove that your income has not increased over the last few years. If you do not file 3 years of tax returns, the court might not have enough information to grant your request.
Q: What if I do not have tax returns for the last 3 years?
If you filed taxes but did not keep copies, contact the
IRS for copies of your return (or a transcript). Be sure to ask how long it takes to receive the copies, because all of your papers MUST be filed by the last business day in April. If you did not file taxes, you could try to provide other proof of your gross income for the last 3 years, such as W-2 statements or paystubs. You may need to contact your current/former employers and ask for copies of W-2s or wage summaries. If you don't know what to provide, you may need
legal advice.
Q: Is there a filing fee?
Check with your local court administrator about whether there is a
fee to file your motion. If you cannot afford the filing fee because you are low-income, you can fill out a Fee Waiver Application and ask a Judge to allow you to file without paying a fee.
Q: Can I use the Motion to Stop COLA to have my total child support lowered?
No. The Motion to Stop COLA is used only to object to the COLA increase taking effect. If you need to ask to have your monthly child support obligation changed, you need to file a
Motion to Modify Child Support.
Q: Is help available to fill out these forms?
Court Staff cannot fill out forms for you or give you legal advice. Your
County Child Support case worker may be able to help you with this process. If you have questions about what information is required in the forms or about court procedures, you may
contact us with your questions.
Q: Who must be served with copies of the COLA motion and how do I do this?
After you get a hearing date and file your papers with the court, you must serve a copy to the other party and the County Attorney's Office (if the County is involved in the case).
Serving the other party can be done by having someone else
(not you) mail a copy to the other party
OR hand-deliver a copy to him/her. Most people prefer to serve by mail.
REMEMBER... You cannot serve the papers yourself. You must have someone else mail
OR hand-deliver the copy to the other party. Then that person must fill out and sign the
Affidavit of Service under penalty of perjury. Perjury is the crime of intentionally lying or misrepresenting the truth, punishable by jail or other sanctions. You must make sure that the completed Affidavit of Service gets filed with the Court before the hearing.
Q: What if I do not have or cannot get the other party's mailing address?
You must have the address of the other party in order to serve them. If you do not know the address, you must make a reasonable effort to try to get it. You could call friends or relatives who might tell you the address, look in the phone book, or search on the Internet. See also
How Can I Find Someone.
If you still cannot find an address and the County Child Support Office is involved in your case, you can fill out a
Request for County to Serve Papers to ask a judge to give you permission to have Child Support Office mail the papers to the other party's last known address. When you have completed your paperwork, bring it to Court Administration and they will tell you how it can be submitted to a judge. If the judge grants your request, you then bring a copy of your papers to the County Child Support Office and they will mail the papers to the last known address of the other party.
Q: When is the "signing judge" available?
Ask your
Court Administration about when a judge is available to review your request to have the Child Support Office serve papers on the other party or your fee waiver application.
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How to Enforce a MN Child Support Order
The enforcement process can be complicated. There might be more than one way to try to enforce support.
Talk to a lawyer to learn which enforcement option is best for you.
The
MN Dept. of Human Services is the state agency that regulates child support, and each county has a support and enforcement office.
If your case involves the county support office, you can contact your caseworker to ask for help to enforce support. If the county is not involved in your case, you could
apply for their services.
Child Support Enforcement Options
Six-Month Review Hearing
Upon request by one of the parties, a "6-month review hearing" can be held within six months from the
date of the initial order that started child support. A review hearing is a time to meet with the magistrate (or judge) to see if the parties have been following the child support order. If child support was started more than 6 months ago, then you cannot use this review option.
Information on how to request the 6-month review hearing should have been attached to your initial support order, or you can get it by
contacting your court administrator.
The hearing is
only to review how things have been going, so if you want to change the order or take steps to enforce it, you must file a separate court action.
Enforcement Options (by Statute)
NOTE: The MN Judicial Branch
does NOT publish forms for license suspensions or motor vehicle liens. You could get more information at a
law library or by
talking to a lawyer, or you can apply for
County Child Support Services. The County can use these enforcement tools.
Motion for Contempt of Court
If a party repeatedly fails to obey an Order to pay child support, the other party may choose to bring a
Motion for Contempt of Court. A Judge can find a parent in "contempt of court" if the parent was ordered to pay support, knew about the order, and has refused to pay without good reason. A person in "contempt of court" is given a chance to correct the problem. If the parent does not do what the judge orders to correct the problem, the person can be put in jail.
Because jail time is possible punishment for contempt, there are special rules to make sure all parties are treated fairly. Filing a
Motion for Contempt of Court is not a quick or easy process. The other party can file a
Response to Motion for Contempt.
IMPORTANT! Carefully read and follow the Instructions in the forms packet. If you miss a step or make a mistake the court may not give you what you want, even if the other person has disobeyed the order without good reason. You should
get advice from a lawyer in contempt actions.
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How to Collect Unpaid Support
The collection process can be complicated. There might be more than one way to try to collect support in your case.
Get advice from a lawyer to learn which option is best for you. Minnesota law says that a missed child support payment becomes a "judgment" on or after the day it is due. See
Minn. Stat. § 548.091, subd.1a.
Trying to collect payment on a support order generally involves
two parts:
- Part 1 is to do what is called "enter and docket a judgment" against the parent who is supposed to pay (Obligor). You add up the total amount of unpaid support and ask the court to put that into a "money judgment." The court does NOT collect the money for you.
- Part 2 is to choose an option for collecting the judgment (e.g., garnish wages or a bank account, put a lien on property, etc.) See "How to Collect a Conciliation Court Judgment" for similar examples of collection.
How to "Enter and Docket" a Judgment
STEP 1: Gather information
To "enter and docket a judgment," you need:
- a copy of current Order(s) setting or changing the amount of child support that the other parent is supposed to pay; AND
- information about the parent who is supposed to pay (Obligor), including their name, address, employer's name and address; (IMPORTANT! You must have a mailing address for the Obligor for the court to accept your forms. If you don't know where he or she is, you could try options listed in "How Can I Find Someone?"); AND
- information about past due support, such as payment due date(s) and total amounts still owed. If the Child Support Office is involved in your case, it is helpful to get a "payment history printout" from your caseworker that shows payments made since the date of the Order.
STEP 2: Fill out forms
Complete the two forms below.
Notice of Intent to Enter and Docket Child Support Judgment (#CSD702)
Affidavit of Default of Child Support Judgment (#CSD703)
STEP 3: Make 3 copies of the completed forms, current support Order(s), and payment history printout
Make three (3) copies of each completed form, current support Order(s), and payment history printout. One copy of each is for your records.
STEP 4: Serve a set of papers on the Obligor (and County Attorney if the Child Support Office is involved)
One copy of each form, Order(s), and payment history must be served on the Obligor (parent who owes support) and one copy must be served on the County Attorney (if county support is involved in the case).
IMPORTANT! Someone other than you must do the service (delivery) of the papers.
Service can be by first-class mail OR in person. The person who mails or hand-delivers the documents to the Obligor and to the County Attorney (if involved) must be age 18 or older, and cannot be a party in your case.
The person who is your server must complete and sign the
Affidavit of Service under penalty of perjury. Perjury is the crime of intentionally lying or misrepresenting the truth, punishable by jail or other sanctions. If the County gets served, the server should also complete a separate Affidavit of Service for the County.
Serve the Obligor (parent who owes support) with:
- ORIGINAL form "Notice of Intent to Enter and Docket Child Support Judgment" AND
- one COPY of the "Affidavit of Default of Child Support Judgment"
Serve on the County Attorney (if Child Support Office is involved) with:
- one COPY of the "Notice of Intent to Enter and Docket Child Support Judgment" AND
- one COPY of the "Affidavit of Default of Child Support Judgment"
STEP 5: File Papers with the Court
File the following forms with Court Administration:
- one COPY of "Notice of Intent to Enter and Docket Child Support Judgment" AND
- ORIGINAL "Affidavit of Default of Child Support Judgment" AND
- ORIGINAL "Affidavit(s) of Service"
Contact your court administrator to find out what address to use if you want to file your papers by mail, and to see if there are any other steps you must take to "enter and docket" a judgment in your court. You should keep a copy of each document you file with Court Administration.
Generally, within one month you should receive notice from the court that the judgment has been "entered and docketed."
Choose a Judgment Collection Option
AFTER you have completed the process to "enter and docket a support judgment"
AND received the "Notice of Entry and Judgment" from the court, then you take the next step of trying to collect the money (e.g., garnish wages or bank account, put lien on property, etc.) If you do not know which option is best for you,
get advice from a lawyer.
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How to Collect or Contest Unpaid Medical and Dental Expenses
If your child support order says that each parent must pay a share of
unreimbursed/uninsured medical or dental expenses for the child(ren) and one of the parents is not cooperating with payments, there are steps you can take collect or contest the payments.
NOTE: Requests for payment generally must be made
within 2 years of the date of the unreimbursed or uninsured medical/dental expenses. You can read the law online at
Minn. Stat. §§ 518A.41 and
518A.69.
Steps to Collect Payment:
- Make a Request for Payment: If the other parent fails to pay his or her share of a child's health care expenses, the first step is to make a proper request for payment to the other parent. The MN Dept. of Human Services publishes a Forms Packet: Request for Unreimbursed Medical Expenses (ex pro) (MN Dept. Human Svc.) to use in "ex pro" cases that involve the County Support Office. If the other parent still does not pay after you send the request and the county support office is involved in your case, you could contact your child support caseworker to discuss your options. If the county child support office is not involved, you could sign up for County Support Collection Services or get advice from a lawyer.
- File a Motion to Collect Payment: If the other parent still fails to pay after you make the request for payment, one option could be to file a Motion to Collect Unreimbursed/Uninsure Health Care Expenses.
- You might also be able to get the unpaid medical expenses "docketed" as a money judgment.
Steps to Contest Payment:
- Reach an Agreement for Payment: One option may be to reach an agreement with the other parent on the payment of unreimbursed/uninsured health care expenses.
- File a Motion to Contest Payment: Another option may be to file a Motion to Contest Unreimbursed/Uninsure Health Care Expenses if you have received a "Request for Payment and Notice of Intent to Collect Unreimbursed Health Care Expenses" or a "Notice of Motion and Affidavit to Collect Unreimbursed Health Care Expenses" from the other parent; OR you received a notice from the County Child Support Agency regarding collection of unreimbursed or uninsured health care expenses AND you believe that the amount is incorrect or you want a monthly payment schedule, and you have not been able to reach an agreement with the other party or the county. Talk with a lawyer if you want advice on the options in your case.
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Driver's License Suspended for Unpaid Support
If the
county child support office IS involved in your case, and your driver's license has been suspended for not paying child support, you may be able to enter into a
payment agreement with the child support office. See
Minn. Stat. §§ 518A.65 and
518A.69. If you are unable to get a payment agreement, you could file a Motion for Reinstatement of Driver's License (ex pro) with the court.
FORMS:
Motion for Reinstatement of Driver's License (ex pro)
If you want to ask the court to reinstate your driver's license
AND to modify (change) your child support, you can ask for both in a different process called a Motion to Modify Child Support.
IMPORTANT! Carefully read and follow the Instructions in the forms packet. If you make a mistake, you may have to start over from the beginning.
If the
county is NOT involved in your case, the MN Judicial Branch does NOT publish license reinstatement forms for your type of case. You might find forms at your local
law library or
talk with a lawyer.
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Child Support Order is from Another State
Minnesota courts may enforce or modify a child support order from another state
only if the parties meet the requirements of Minnesota law listed in
Minn. Stat. ch. 518C. If you are not sure if you can enforce or modify your order in Minnesota,
talk with a lawyer or your
county child support case worker (if the county is involved).
Steps to Register an Order from Another State
To enforce or modify a support order from another state, one of the parties must first
register the order with their local
Minnesota District Court in the county where they live.
File the following documents with your court (in person or by mail):
- a letter to Court Administration asking them to register the support order based on Minn. Stat. § 518C.602;
- 2 copies of the foreign support order (1 certified copy and 1 plain copy);
- a list of the names and addresses of all parties/attorneys involved;
- a notarized statement that to the best of your knowledge and belief that the foreign order has NOT been modified; AND
- the current filing fee or an IFP (fee waiver).
IMPORTANT!: There are many details in the law that control which court has the power (jurisdiction) to make decisions about a support case. Unless both parents and the child(ren) live in Minnesota, the court may not be able to hear your case.
Talk with a lawyer for advice on your situation.
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