In this unprecedented time of uncertainty, there are realities that health issues my occur and financial circumstances may change. Job losses may occur with the Executive Order restricting travel or with businesses cutting back on non-essential workers. If that has happened to you, you may be placed in a position where a child support modification is necessary.
It is important to understand that, as a general rule, child support can never be modified retroactively. It can only be modified back to the date that a Motion was filed. That means if you lost your job a month ago but did not file a motion, the support that was payable in that month would still be payable without modification.
In our current COVID-19 environment, all non-essential court cases have also been placed on hold. Although that means your child support hearing may not be held in the near future, it is still important to get. Your motion to modify filed. If you do not, no retroactive modification is possible. Any motion must still be supported by an affidavit and all other required forms.
Any person who receives a form of public assistance (MSA, MFIP, Food Stamps, Medical Assistance, Minnesota Care, General Assistance, or Energy Assistance), may have an automatic right to an In forma Pauperis order which waives any filing fees related to the motion.
It is important to discuss these issues with your attorney as soon as possible