My question involves child support in the State of: MN
My ultimate question is: "Do I have a better than fair shot at sucessfully modifying my child support order?"
I haven't modified the child support order in 5 years. In that time, my ex-spouse has received two promotions and several raises. Plugging our financial information into the state's child support calculator indicates that a successful petition to modify would increase my ex's child support obligation. However, looking at the state statutes regarding child support, it says that
Furthermore, this statute (Minn. Stat. § 518A.39, subd. 2, para. (a)) says thatModification of support can be obtained based on:
(1) substantially increased or decreased gross income of an obligee or obligor;
(2) substantially increased or decreased needs of an obligee, obligor, or child;
(3) receipt of public assistance;
(4) change in the cost of living for either parent;
(5) extraordinary medical expenses of a child;
(6) a change in the availability of appropriate health care coverage or a substantial
increase or decrease in health care coverage costs;
(7) addition of or substantial increase or decrease in child care costs; or
(8) emancipation of a child.
My calculations indicate that the increase would only be 18.9%.There is a presumption of a substantial change in circumstances, and the terms of an order are
rebuttably presumed to be unreasonable and unfair if:
(1) applying the guidelines would change the current order by at least 20 percent and at
least $75 higher or lower per month; or if the current order is less than $75 per month,
it results in an order at least 20 percent per month higher or lower;
However, Minn. Stat. § 518A.75. states that "Every child support order entered since 1983 must include a biennial [cost-of-living-adjustment] COLA that is
compounded." Because my CS order originated from a different state (KS), it does not currently have this adjustment. So, if I can't modify based upon a change of circumstances, then perhaps this would get my foot in the door, right?
Bottomline: Is it worth my time and energy to request a modification?