A Step-by-Step Guide to Calculating the Adjustment
1. Read Instructions:
Read these instructions on how to calculate and file for your adjustment. If you still have questions about the cost-of-living adjustment process, refer to the Overview, Frequently Asked Questions, Minnesota's Law, or Other Sources of Information before continuing with Calculating the Adjustment.
2. Print Out Forms:
these pages, visit each page, print it, and then click the back
button at the top of your screen to return to this page.
3. Fill Out Forms:
To calculate the amount of adjustment you should receive, fill out the Cost-of-Living Adjustment Form which you printed out in step 2.
Use the Instructions for the Cost-of-Living Adjustment Form as a guide to filling out the form.
The instructions will ask you to refer to the CPI Table.
2. Complete the Letter of Notification.
You must send the person who pays you child support/spousal maintenance a notice that says it is time to raise the amount he or she pays based on the cost of living. This notice is the Letter of Notification you printed out in step 2.
Use the Instructions for the Letter of Notification as a guide to filling out the form.
3. Complete the Affidavit of Service by Mail.
Complete the Affidavit of Service by Mail which you printed out in step 2, except for your signature. Your signature has to be notarized (witnessed) by a notary public. The court may have a notary public or you may find one at a local bank.
4. Copy & Mail Forms:
Make several sets of photocopies of the completed Cost-of-Living Adjustment Form, the Letter of Notification, and the Affidavit of Service by Mail. Keep one set of copies for yourself, and send the others to the places denoted below:
2. File the original forms with the court.
You must file the original signed versions of the Cost-of-Living Adjustment Form, the Letter of Notification, and the Affidavit of Service by Mail with the court administrator's office in the county where your child support/spousal maintenance was written. Call the court administrator's office if you have questions about where to mail the papers to the court so they can be placed in your file.
3. Mail copies to the person responsible for paying child support or spousal maintenance.
You must give the person at least 20 days notice before the date you expect to be paid the new amount. For example, if the adjustment is to be effective August 1, the letter and notice must be postmarked by July 11.
NOTE: If you are receiving spousal maintenance only and your ex-spouse sends the payments through the county, you should also send copies of the Letter of Notification and the Cost-of-Living Adjustment Form to the county child support enforcement office. (Note: If the employer pays the county, send to both.)
4. The adjustment will take effect or a hearing will be held.
The person who pays you child support/spousal maintenance has the right to request a hearing in court to ask not to pay the cost-of-living adjustment. The court administrator's office may have forms to do so. If a hearing is requested, the court will send you a notice about this hearing before the effective date of your cost-of-living adjustment. If the person who pays you has not had an increase in income over the past two years, the court could decide not to require an adjustment. The hearing may not occur until some time after the effective date you had requested.
If the person who pays you does not request a hearing, the new amount must be paid by the date you have specified. Otherwise, he or she is in violation of the child support/maintenance order.
Last Updated: 12/11/19 (mmp)