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Education for Justice |
FACT SHEET F-2 |
Fall
2011 |
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 2%
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?
Minnesota has a child support hotline. You can call 7 days a week, 24 hours a
day. The hotline can tell you:
·
The date of the latest child support payment;
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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
P.O. Box 64946
·
If that does not work, write to:
Administration
for Children and Families
Child
Support Enforcement
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MN Legal Services Coalition |
Do not use this fact
sheet if it is more than 1 year old. Write us for updates, a fact sheet list, or alternate formats. Fact Sheets aren’t a complete answer to a legal problem. See a lawyer for advice. |
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© 2011 Mid-Minnesota Legal Assistance. This document may be reproduced and
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only. All other rights reserved. This notice must remain on all
copies. Reproduction, distribution,
and use for commercial purposes are strictly prohibited. |
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To find other Legal
Aid Society materials, including any fact sheets mentioned in this
document, go to www.lawhelpmn.org/LASMfactsheets.
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child support worker’s
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child support worker’s
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your file number |
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Dear |
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I have a child support order that |
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name of absent parent |
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is to pay me |
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per month. |
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amount of child support |
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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 |
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income has decreased”) |
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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. |
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Your name |
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Your address |
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Your phone number |
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CHANGE IN CHILD SUPPORT LETTER