Change in Income and Child Support in Minnesota: What You Need to Know
UPDATED: May 2025
In family law, few things stir as much frustration as child support disputes—especially when your income or your ex’s changes significantly. Whether you’re paying support or receiving it, understanding how a change in income impacts child support in Minnesota is critical.
This article breaks down how Minnesota law views income changes, when you can request a child support modification, and what steps you need to take if your financial situation, or your ex’s, has changed. We’ll also explain how much of a change qualifies as “substantial” and how courts decide what’s fair.
Child Support Basics in Minnesota
In Minnesota, child support is calculated using a formula that takes into account both parents’ gross incomes, the number of overnights each parent has, and specific expenses such as health insurance and childcare. That formula provides consistency, but life isn’t static. Jobs change. Salaries go up or down. People retire, get promoted, or go back to school.
So what happens to child support when those income changes occur?
The Four Ways Income Can Change Child Support
Let’s say you get divorced when both of you are earning about the same. Maybe you’re earning a bit more while your ex works part-time or is in school. Or maybe they’re in between jobs, but you expect things to balance out.
Now, fast forward a few years. One of you gets a raise. The other gets laid off. Who can ask the court to revisit the child support order?
Here are the four basic scenarios:
- Your income decreases
- Your income increases
- Your ex’s income decreases
- Your ex’s income increases
If you’re the one receiving support, your ex’s increased income might be great news. If you’re the one paying, a job loss could be financially devastating and may make it impossible to maintain the current child support order.
Let’s focus on some of the most important changes:
- Your income decreases
- Your ex’s income increases
In both cases, Minnesota law provides a way to potentially modify the existing child support order.
Minnesota’s Legal Standard: “Substantial Change in Circumstances”
Under Minnesota Statutes § 518A.39, either parent can ask the court to modify a child support order if there has been a substantial change in circumstances that makes the existing order unreasonable or unfair. Income is one of the most common grounds for modification.
A quick aside, yes the statute does say unreasonable or unfair, however, in my nearly 25 years doing this I have very rarely seen a court accept an argument about child support being unfair. As we sit in here 2025, nearly every court I practice in frnot of simply look sat the child support calculator (see above) and uses that.
What Counts as “Substantial”?
A substantial change in income isn’t just a small raise or pay cut. Minnesota courts presume that a change is substantial, and the order should be reviewed if applying the child support guidelines to the new incomes would result in a payment that’s:
- At least 20% higher or lower than the current support amount, and
- At least $75 per month change either up or down
If the current support is less than $75/month, the required change is still 20%, even if the dollar amount is smaller.
Here’s an example:
- Original support: $500/month
- New guideline calculation: $600/month
- That’s a 20% increase ($100), so the presumption of unfairness applies
This threshold gives you a clear line—but courts can still consider requests that don’t meet the 20% rule if the circumstances are compelling enough.
Real-World Example: Retirement as a Substantial Change
Courts take context into account. In one Minnesota case, a man earning $120,000 per year retired and saw his income drop to about $19,000. Even though retirement was voluntary, the court still found that the drastic reduction in income made the original spousal support order unfair and allowed modification.
While the statute provides a numerical threshold, judges can (and do) look at the bigger picture. That means if your ex starts making significantly more money, even if you don’t have the exact numbers yet, it may still be worth filing a motion.
Remember, though, there is the new spousal maintenance law that came into play last year (2024), and that may impact the issue of income as it relates to child support and retirement.
When to File a Motion to Modify Child Support
If you believe the current support amount no longer reflects reality, the first step is filing a motion to modify. This is where working with an experienced family law attorney becomes invaluable.
Timing for modification is important
A modification isn’t automatic—you must request it. More importantly, courts typically make any changes retroactive only to the date you filed the motion. So waiting to act could cost you months of overpayment (or under-receipt).
Here’s a practical timeline:
- You learn of a major income change (your own or your ex’s)
- You gather documentation (pay stubs, tax returns, job offer letters, etc.)
- You consult an attorney (or self-file if you’re confident)
- You file the motion with the court
- A hearing may be scheduled
- The court issues a decision—possibly retroactive to the filing date
Income Increase in the Paying Parent: Can the Other Parent Ask for More?
Yes. If the parent paying support gets a significant raise or promotion, the receiving parent can ask the court to increase the support amount, assuming the 20% and $75 rule is met.
Example:
- Old income: $3,000/month
- New income: $5,000/month
- New calculation shows $700 in support instead of $500
- The receiving parent files a motion—court reviews and may adjust support
A court will also consider whether the increase is stable and permanent or just a temporary bonus or seasonal uptick. A one-time commission likely won’t justify a long-term change, but a new job with a consistent higher salary will.
Income Decrease in the Paying Parent: Lowering Child Support
If you’ve lost your job, had your hours cut, or taken a new job at lower pay, you may be eligible for a reduced support order. But be careful—voluntary underemployment won’t help your case.
What The Court Won’t Consider As A Change of Income
- Quitting a job to avoid payments
- Going part-time without a valid reason
- Taking a lower-paying job to “punish” your ex
Courts can impute income—meaning they’ll assign you an income level based on what you’re capable of earning, not what you’re currently earning. This is especially true if you have a consistent work history or education level that shows you could be making more.
What The Court Will Consider!
- Involuntary layoffs
- Forced retirement
- Health issues limiting work capacity
- Industry-wide downturns
Document everything. If you’ve applied to 20 jobs in a month and haven’t landed one, keep records. If you’re medically unable to work full-time, get physician notes or disability determinations.
Your Ex’s Income Increases: Why You Should Pay Attention
Let’s say your ex was working part-time at the time of your divorce. Now she’s full-time with benefits and a good salary. You might still be paying support based on her old income.
Even if your own income hasn’t changed, her increase may warrant a modification.
In shared custody situations, this can significantly affect the child support amount, especially if overnights are close to 50/50. The Minnesota child support calculator is sensitive to income ratios.
File a motion, and the court will recalculate based on both current incomes.
Special Circumstances: Life Changes Beyond Income
A change in income is one of several reasons to modify a support order. Minnesota law also allows modifications when:
- A parent becomes disabled or incarcerated
- A child’s medical, educational, or housing needs change significantly
- Parenting time arrangements are altered
- One parent has additional children from a new relationship
Even if your ex’s income increase doesn’t hit the 20% mark, these additional factors can support a motion.
Tips for Filing a Motion to Modify Child Support in Minnesota
- Use the Minnesota Child Support Guidelines Calculator The state’s online tool lets you plug in updated income and parenting time to estimate new support amounts.
- Gather solid evidence: Pay stubs, tax returns, job letters, and unemployment documentation. Courts need proof.
- Consult an attorney An experienced family law attorney can guide you through local court preferences, ensure proper filings, and help you argue your case effectively.
- Don’t wait Retroactive changes only go back to the motion filing date. Every month you wait could mean overpaying.
- Be realistic, Courts won’t change support orders for minor fluctuations or strategic income changes.
Final Thoughts: Stay Proactive, Not Reactive
Income changes are part of life. Whether you’re paying or receiving child support, knowing your rights under Minnesota law gives you a better chance at financial fairness.
Don’t let outdated court orders define your future. If your situation has changed significantly, it may be time to act.
Information obtained in mankatofamilylaw.com may contain knowledgeable content about Minnesota Family Law that may be considered beneficial to some; however, in no way should this website or its contents be considered legal advice. Mr. Kohlmeyer is a Minnesota-licensed attorney and cannot provide legal services or guidance to those outside of Minnesota. If you wish to retain Mr. Kohlmeyer as your Attorney in your Family Law matter, contact 507-625-5000