Legal Question in Family Law in Minnesota

Re: Child Support

Your divorce decree or child support order probably contains a statement concerning the duration of your child support oblibation. You should first examine the order carefully to determine whether it contemplates that child support will continue until the child graduates from high school or reaches 18, regardless of other circumstances.

It is likely, however, that your support order merely contains a statement of the law. It may read something like this:

Child support shall continue until the child attains the age of18, or until the child is no longer attending secondary (high) school, whichever is later, provided that child support shall not continue beyond the age of 20.

Although the law generally contemplates that your support obligation will continue at least until the age of 18, you may have grounds to modify the obligation -- depending on your child's circumstances. For example, is the child still living with the custodial parent? Is the child working, and if so, how much is he or she earning? Is the child considering a return to school, whether at the high school or to some other program?

Although it is not likely your support obligation will be terminated at this time, it may be reduced. In order to obtain relief, you will need to file a motion to modify support. Your motion will require a supporting affidavit that explains the change in circumstances with some specificity. I would not recommend you simply "fill in the blanks" on the pro se forms provided by the county, since these are minimally adequate in most cases, and inadequate if there are unusual facts.

If you have further questions or concerns, my contact information is below.

Thank you for your question, and good luck.