In a long overdue policy change that is supposedly no change at all, the Ramsey County Attorney’s Office has begun filing motions to modify child support in cases where the child support payor is receiving unemployment benefits. Anyone who believes this non-change is insignificant hasn’t been to family court lately.

Under existing law, county attorneys are permitted to bring motions to establish or modify a child support obligation on behalf of custodial parents who either receive public assistance benefits or who apply for child support services. They do not typically participate in most family court cases. And they do not represent child support payors. Their ability to bring these types of motions stems from the federal government’s desire to recoup at least a portion of the cost of welfare payments, which are disproportionately paid to mothers who do not receive child support from their child’s father.

Standard practice has traditionally required child support payors to commence motions to modify child support at their own expense. This imposes a substantial burden on people who recently lost their job. Ramsey County’s approach recognizes this fact. It also recognizes that a failure to timely file a motion to modify child support usually results in an unfair and unalterable imposition of debt – child support laws prohibit retroactive modification of child support orders.

Whether this policy is actually new or just new to us, I commend Ramsey County Attorney Susan Gaertner for recognizing that in a state with more than seven percent unemployment, not all unemployed child support payors are intentionally dodging their child support obligation. Given the depth of the recent recession, maybe some of the other county attorneys will follow her lead. Then again, maybe not.

by Robert W. Gadtke

Tags: Child Support, decrease child support, motion to change child support, Ramsey County