By: Letty Van Ert
Q: I have a lot of credit card debt. Will the Court allow me to pay less in child support because of my debt?
A: It depends. Minnesota law allows for the Court to lower a child support obligation for a few limited reasons, including debt. However, the law only allows for decreasing the amount of child support if certain conditions are met. First, if public assistance is involved (for instance, the child is on Medical Assistance) then the child support amount cannot be lowered. Second, you would have to show that you acquired the debt for the necessary support of a child or parent, or that the debt was acquired to create income. In addition, you would have to provide the Court with a list of the debts, with supporting documentation, showing the details of the debt. In addition, the statement has to say that the debt will be fully paid within a given period of time. After that period of time, which cannot be more than eighteen months, the child support amount would automatically increase.