Education for Justice FACT SHEET F-2 Fall 2009
NOW THAT I HAVE A CHILD SUPPORT ORDER
WHAT SHOULD I DO AFTER GETTING AN ORDER?
Each county has a child support office. The office is also called the IV-D Unit
(“Four D Unit”). If you get MFIP or
other public aid, the IV-D Unit will automatically start collecting the
support. If you do not get MFIP, you
must apply for help from the IV-D
Unit and pay a $25.00 fee. They will not
help until you do this. The IV-D Unit
must help you get child support. In
WHEN WILL I START GETTING CHILD SUPPORT?
It can take about 3 months to start getting child support. If you have a court order that support can be taken from the other parent’s pay, and you apply for IV-D unit help to collect support, they have 20 days to open a file. Then they have 15 days to tell the other parent’s job to withhold the money.
The employer must take child support out of the paycheck within 14 days of receiving the child support order and send the money to the IV-D Unit within 7 days after that. Then the IV-D Unit has 2 days to send the child support to you. If you get MFIP, you will get the child support money, but your MFIP cash grant will be reduced 2 months later. If you get MFIP, county child care help, MA, or MinnesotaCare, the IV-D unit will keep the part of your child support meant for child care or medical care. If you do not get MFIP, County child care help, MA or MinnesotaCare, the IV-D unit will keep 1% of the child support it collects for you as administrative fees.
HOW CAN I FIND OUT IF THE IV-D UNIT HAS ANY CHILD
SUPPORT FOR ME?
· The date of the latest child support payment;
· The payments made in the last 90 days;
· Your child support account balance; and
· Your child support worker’s name and phone number.
Call:
In the metro (651) 215-5630.
In greater
If you are hearing-impaired call 1-(888)-234-1208 outside the metro area or use the MN Relay at 711.
CAN THE AMOUNT OF CHILD SUPPORT CHANGE?
Yes. Child support can change if the parent’s finances or the child’s needs change enough to make the old order unfair. Also, you can usually get a cost-of-living increase in child support every 2 years. You can’t enforce an agreement to change the child support amount unless it is part of a court order.
WHAT DO I HAVE TO SHOW TO CHANGE THE AMOUNT OF CHILD
SUPPORT?
Starting on January 1, 2007,
Parents who want to change child support will have to show that there have been big changes since the last order that make it necessary to change child support. These big changes could be:
The court will not change the child support order unless the child support amount will go up or down by at least 20 percent and $75.
HOW DO I GET A COST-OF-LIVING INCREASE?
All child support orders have cost-of-living adjustments (COLAs) written in them. This means the amount you get will go up sometimes. If the other parent does not get pay increases or if the order has other regular increases written in it then the court can make an exception.
The amount of the COLA depends on inflation. You can get an increase every 2 years. If you are using the IV-D unit, they will automatically get the increase for you. If you are not using IV-D, you need to go into court to get an increase.
HOW DO I CHANGE THE AMOUNT OF CHILD SUPPORT?
To change child support, ask your child support worker for
the Expedited Child Support Process. It
helps parents work out their child support problems.
At the hearing, both parents give facts about their income and expenses. The court sends an order. If either parent disagrees, s/he can file a motion for review within 20 days after getting the order. If the parents agree on child support, the IV-D can make the agreement into a court order.
HOW OFTEN MUST MY ORDER BE REVIEWED?
The IV-D Unit must review your child support order every 3 years. You can ask for a child support change if your order is less than 3 years old, but the IV-D Unit does not have to help you. You can go to court on your own. The papers you need to go to court on your own can be found at http://mncourts.gov/?page=513.
DO I NEED AN ATTORNEY?
No. But if there is a hearing, you may want an attorney. Someone from the IV-D Unit may come to the hearing and ask for child support but the IV-D Unit does not represent either parent.
IS USING THE IV-D THE ONLY WAY TO CHANGE CHILD
SUPPORT?
No. A court can change child support any time it is dealing with custody, visitation, property division or domestic abuse or you can ask for a change in child support.
HOW CAN I FIND OUT IF THE OTHER PARENT IS MAKING MORE
MONEY?
Every 2 years you can require the other parent to give you a copy of his/her latest tax return.
WHAT CAN I DO IF THE OTHER PARENT DOES NOT PAY?
Child support is not past due until it is 30 days late. Then the IV-D Unit can do many things to help you get the money:
· Automatic Withholding. If your child support order doesn’t say that child support can be taken out of the other parent’s paycheck, you can ask to start this any time support is 30 days late.
· Contempt. You can ask that the court find him/her in contempt of court. There must be a hearing. If the court finds the other parent could have paid child support but didn’t, s/he can be held in contempt. Then if s/he doesn’t pay the back child support, s/he can be put in jail.
· Tax Refunds. If the other parent owes at least $500 in back child support, and it is more than 3 months late, his/her federal and state tax refunds can be taken to pay the back child support.
· License Suspension. When a parent owes at least 3 times the monthly amount in back child support, the state can suspend their state licenses. This can be driver’s or any work license issued by the state, such as a hairdresser, or barber’s license. The license is suspended until the parent starts paying child support. The state can suspend hunting, fishing, boating or other licenses also.
· Credit Reporting. The IV-D Unit reports parents who do not pay child support to the credit bureau.
· Liens. The IV-D Unit must place liens on real estate or personal property (car, boat, etc.) of a parent who does not pay child support. If there is a lien on a house, or other property, they cannot sell it unless the lien is paid.
If your first child support order is after
HOW CAN I HELP MAKE SURE THAT I GET MY CHILD SUPPORT?
Give your worker all the facts that you have about the other parent. For example, if you know that they changed jobs or moved, tell that to your worker as soon as possible.
WHAT IF I HAVE PROBLEMS WITH THE IV-D UNIT?
·
Write a letter to the head of your county’s
child support (IV-D) agency. Say what
things the IV-D Unit did and why you think they are wrong. Include
your address, the date and your case number. Keep a copy of the letter. If you live in
· If the problem is not explained or fixed in 30 days, write a letter to:
DHS: Child Support Enforcement Division
· If that does not work, write to:
Administration for Children and Families
Child Support Enforcement
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CHANGE IN CHILD SUPPORT LETTER
|
Date: child support worker’s name
child support worker’s address
RE: your file number
Dear
I have a child support order that name of absent parent is to pay me per month. amount of child support S/he should pay more child support because (add the facts of your case here, such as, “I hear he received a raise”, “She got a new job”, “my expenses have increased”, or “my income has decreased”)
I ask you to start the Expedited Child Support Process to review my child support order. Please contact me at the address and number below. Thank you.
Your name Your address Your phone number |