Modifying and Forgiving Child Support in Minnesota

Can Parents Modify Child Support Agreements?

 

Yes, parents can agree to modify child support, but it's crucial to involve the court. Any changes to child support arrangements must be formalized with a new court order. If parents decide to make changes without obtaining a court order, the adjustments are not legally enforceable, putting the paying parent at risk. Such unofficial agreements might lead to unpaid child support, known as arrears.

 

What Happens If I Lose My Job?

 

If your employment situation changes, child support adjustments can't be backdated to the day your income changed. Modifications can only apply retroactively from the date you serve and file a Motion to Modify Child Support. Therefore, it's important to promptly schedule a motion hearing if your income decreases, ensuring the adjustments take effect as soon as possible.

 

Is It Possible to Forgive Child Support Arrears?

 

Generally, courts do not forgive child support arrears. Adjustments can only be made back to the date a modification motion is filed. To have arrears forgiven, you need an agreement with the person to whom the support is owed, which could be another parent or a county if they provided public assistance. Often, negotiating forgiveness involves offering a lump sum payment to reduce the arrears.

 

Can Arrears Be Considered Satisfied?

 

While forgiveness rests with the recipient, there are situations where a court may consider arrears satisfied. This could occur if the payer took primary custody or lived with the child support recipient during the period of accrual.

 

Child support regulations are always evolving, so consulting an attorney is advisable for anyone navigating child support issues.