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How to Request a Child Support Modification or Correct an Overpayment
Child support in Minnesota is often taken directly out of your paycheck by an employer. This system is designed to make it easier to make your payments and ensure that you don’t fall behind. However, if you’re not watching how much is being paid out, you could end up with an overpayment. While you may not be able to get that money back, it is possible to have it applied to other debts or have your monthly child support payments reduced to correct the overage.
Child Support Calculations in Minnesota
Each state has its own methods for calculating child support obligations, and in Minnesota, the income shares model is used. It considers both parents’ gross monthly incomes and other financial obligations they may have. For example, if you have children from another relationship that you are supporting, this can factor into the calculations. Other main factors include whether either parent is paying for child care, who is paying for health insurance and how much, and what kind of parenting time schedule is involved.
All of this is plugged into a formula that then provides each parent a percentage share of how much they should be financially supporting the child. The state has a table that it works off of to determine how much it costs to raise a child, and each parent is responsible for paying their determined share. If there is a difference in how much each parent is paying, that difference is paid from one parent to the other in child support.
Why You May Have an Overpayment
Overpayments aren’t common, so when they happen, it’s usually due to one of these reasons:
- An administrative error. This could be on the part of the child support agency if numbers were inputted incorrectly or on the part of your employer if they are withholding too much. This type of error is generally easily corrected.
- Changes in child custody that weren’t reported quickly. Because how much time each parent spends with the child is one of the influencing factors in child support, it’s important to alert the child support office as soon as possible if there has been a change. If the change is reported several months afterward, any adjustments to child support will generally be backdated, which can lead to an overpayment being reflected.
- Extra pay months. Depending on the payment schedule with your employer, you may have a month or two during the year when you receive an extra paycheck because of how the weeks fall. This can lead to a slight overpayment, but this type of overpayment is generally corrected quickly as more time passes and the pay distribution evens out.
If you have an overpayment on your child support balance and you’re not sure why, an attorney can help you understand where the overage is coming from and what you may be able to do to correct it.
What to Do If You Have an Overpayment
If you notice that you have an overpayment, it’s important to notify the child support agency as soon as possible. These offices are often understaffed, and they aren’t likely to automatically see that there is an overage and make an adjustment. However, once you notify the agency, they can take action.
According to Minnesota law, any overage will be first applied to arrears balances or any other maintenance payments, such as spousal support. If there is still an overpayment balance, the child support agency can reduce your monthly obligation by up to 20 percent. For example, if your current child support obligation is $500 per month and you have an overage of $1,000, the agency can lower your child support payment to $400 per month. The overage would then balance out after 10 months.
Does an Overpayment Mean You Need to Modify Child Support?
Requesting a temporary reduction in your child support payments to correct an overage is not the same as requesting a child support modification. A child support modification is done when you want to permanently change the child support amount. For example, you may request a modification if you lose your job or change careers and can no longer meet your obligations.
A child support modification can be requested every three years without reason or whenever there has been a significant change in circumstances for either parent. Either parent is also able to request the modification.
It’s important to note that child support modification requests don’t always turn out the way you expect. For example, the courts generally frown upon a parent quitting a high-paying job just to lower their child support obligation. If this happens, they may impute income onto the parent to ensure the child support is reflective of their true earning potential.
Do I Need a Lawyer to Adjust Child Support?
Child support adjustments and modifications are common occurrences, and many people attempt to go through the process without an attorney. And while this is possible, it may not give you the results you want. Talking with an attorney before you request a change in child support ensures you understand whether your situation meets the grounds for a significant change in circumstances. An attorney may also be able to run some rough calculations so you know whether the child support is likely to go up or down and by how much.
A child support modification request usually starts with the child support enforcement agency, and then if you don’t agree with that decision, you are able to request that the matter go before a judge.
If you need help understanding why you have a child support overage or want to know whether you may be able to request a modification to make your payments more manageable, call The Legal Dad at 612-712-3405.
