Minnesota Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support

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US-00800BG
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Description

This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

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FAQ

In 2021, Minnesota enacted new legislation that changed child support laws in the state. Some of those changes became effective in August, 2022 while others became effective as of January 1, 2023. As of August 1, 2022, the state is no longer charging interest to parents with past due child support payments.

In Minnesota, a divorce proceeding is a public affair. It means that any person can go to a particular courthouse and obtain the paperwork relating to a divorce.

Minimum Basic Support Amounts However, they still have a responsibility to support their children. That's why the 2023 changes to child support in Minnesota include a minimum basic support amount of $50 for families with one child and additional increases of $10 per extra child.

You can get copies of divorce decrees, custody and child support orders, and other Hennepin Family Court documents from the 4th District Records Center.

Minnesota Statute 518A. 39 provides that the court may change support orders if there is a substantial change in circumstance which makes the terms of the order unfair. One or more reasons must be shown: Increase or decrease in gross income or need of either parent.

People need to be able to rely on the finality of their divorce judgments. That's why, with extremely limited exception, Minnesota divorces cannot be reopened more than a year beyond entry of the divorce judgment. Even within the one-year window, it may not be possible to reopen your divorce.

If the Child is in Danger In extremely rare cases, a judge may change custody on a temporary basis before a full hearing with live testimony has been heard by the court. Those rare cases involve situations in which the child is in immediate, significant danger if the existing custody arrangement continues.

The typical divorce modification process goes as follows: Provide a clear statement on what you would like amended and why. Complete the legal paperwork. File the motion paperwork with the court and serve your ex-spouse. Go to court on your court date.

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Minnesota Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support