When Can You Modify Support

[NdK1009]

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

Modification 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.

Furthermore, this statute (Minn. Stat. § 518A.39, subd. 2, para. (a)) says that

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;

My calculations indicate that the increase would only be 18.9%.

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?

[Mr. Knowitall]

Doesn't your child support order require periodic review? Most require a review every two years.

If your ex- has been repeatedly promoted, consider requesting an agency review as detailed here - they will then determine if the order should be revisited.

[NdK1009]

Doesn't your child support order require periodic review? Most require a review every two years.

I wish that it did - it would solve my dilemma.

Thank you for taking the time to post the link. I had reviewed that information already, and I am aware that an agency review is probably my best option. I was just attempting to discern the agency's most likely decision prior to exerting the time and energy required to draft the review request. Why waste everyone's time if it's not going to happen?