Understanding Opportunities to Adjust Child Support Arrears

Generally, child support arrears cannot be modified by a court. However, exceptions exist which might offer solutions or negotiations potentially leading to reductions.

Can I Modify my Child Support Arrears?

Commonly, individuals inquire about modifying their child support arrears because they feel the obligation was unfair when initially set, or their financial situation has changed due to job loss, reduced income, or increased expenses, or the child has become emancipated.

It's important to understand that a court may not modify child support arrears, or accrued interest, retroactively. According to Minnesota statutes, any child support order remains effective until a motion to modify is filed. This means if there's a significant change in income, the affected party must promptly file a Motion for modification. Demonstrating that an existing support order is 'unreasonable and unfair' could involve showing 'substantially increased or decreased' income or needs of the obligor, obligee, or the child.

If a district court modifies a support order, this can only be applied retroactively from the date the motion was served to the responding party and public authority, if relevant.

What about Equitable Considerations?

Though courts cannot retroactively modify child support obligations, they do act as Courts of Equity, meaning they consider fairness within statutory limits. Certain equitable considerations may lead to exceptions, such as if the child lives with the obligor who supports and cares for them during that period, or when reopening cases for legitimate reasons, including mistakes or fraud. Any motion to reopen should be filed within a reasonable timeframe, generally not surpassing one year after the judgment.

What about Direct Negotiations?

Besides court intervention, parties can agree to modify arrears through negotiation. This usually involves an obligor arranging a lump sum payment to forgive a portion of the arrears. However, all involved parties, including the county if public assistance is a factor, must agree to any amendments.

It is advisable to discuss your specific situation with a seasoned attorney to navigate the complexities of child support modifications effectively.

Additional resources provided by the author include references to Minn. Stat. § 518A.39, subd. 1 (Supp. 2015), Dakota County v. Gillespie, 866 N.W.2d 905, 909 (Minn. 2015), Minn. Stat. § 518A.38, subd. 3 (2004), and Karypis v. Karypis, 458 N.W.2d. 129 (1990).