What Counts as a Substantial Change in Circumstances for Child Support in Minnesota

By the FigureMyTax Editorial Team · How we calculate

In Minnesota, a substantial change is presumed when the guideline order is at least 20% and at least $75 a month different from the current order, or gross income dropped at least 20% through no fault or choice. A change can start only from service of the motion.

What is a substantial change for child support in Minnesota?

The terms of an order may be modified on a showing of one or more of these, any of which makes the terms unreasonable and unfair: substantially increased or decreased gross income of either parent; substantially increased or decreased need of either parent or the children; receipt of public assistance; a change in the cost of living; extraordinary medical expenses; a change in the availability or cost of health coverage; the addition of or a substantial change in work-related or education-related child care expenses; or emancipation (Minn. Stat. 518A.39, subd. 2(a)).

What is the 20% and $75 presumption?

It is presumed that there has been a substantial change, and the terms of the order are rebuttably presumed unreasonable and unfair, if applying the guidelines to the current circumstances produces an order at least 20% and at least $75 a month higher or lower than the current order; if the current order is under $75, 20% alone is enough (subd. 2(b)(1)). Both tests must be met. The Minnesota child support modification calculator checks both.

With an $800 order, $1,000 is 25% higher and $200 apart, so it meets both tests; with a $300 order, $360 is 20% higher but only $60 apart, so it does not.

Are there other presumptions?

Yes: the medical support terms are not enforceable by the public authority or the obligee; ordered health coverage is not available to the child; the order is a percentage rather than a dollar amount; gross income of either parent decreased at least 20% through no fault or choice of the party; or a deviation for a child living in a foreign country no longer applies (subd. 2(b)(2)-(6)).

Does a new child count in Minnesota?

A child support order is not presumptively modifiable solely because a parent becomes responsible for an additional nonjoint child born after the existing order. The court considers it if other grounds are alleged (subd. 2(c)).

What if the Minnesota guidelines changed?

An enactment, amendment or repeal of law is a substantial change if it meets the modification standards (subd. 2(j)). On the first modification after new guidelines are implemented, the court may limit the change if the full variance would create hardship for either parent (subd. 2(k)).

From what date can the order change?

A modification may be made retroactive only with respect to a period when the petitioning party has a motion pending, and only from the date of service of notice of the motion on the other party (and the public authority if public assistance is furnished or the county attorney is attorney of record); the parties can also agree on an alternative effective date (subd. 2(f), (l)). Every month before service is lost:

Federal law also bars retroactive modification of support already due (42 U.S.C. 666(a)(9)).

What happens next?

Read how to modify child support in Minnesota for the filing steps, and check what stays owed with the Minnesota arrears calculator.

Frequently asked questions

Official sources

• Minn. Stat. 518A.39: modification of child support
• Minn. Stat. 518A.35: child support guidelines
• Minn. Stat. 518A.32: determination of potential income
• Minn. Stat. 518A.26: definitions, including child
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due

This is general information, not legal advice. It is based on the cited Minnesota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Minnesota attorney.