Child Support Modification

Pursuant to Minn. Stat. 518A.39, subd. 2, child support may be modified if there has been a substantial change in the gross income of either the obligor or obligee. Since 2007, child support is based upon the gross incomes of both the mother and father (income shares method). Previously child support was a percentage of the obligor's net income. The first time child support is modified using the income shares method, the new child support amount may cause a financial hardship on either the obligor or obligee. As a result, the legislators included 518A.39, subd. 2(k) which states "On the first modification under the income shares method of calculation, the modification of basic support may be limited if the amount of the full variance would create hardship for either the obligor or the obligee." With proper preparation and evidence, an obligor or obligee may successfully limit the modification of child support using this statute.