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Child Support – Incarcerated Parents FAQs
Support orders can be modified if:
If any of the above is true, you may request your court order be changed by filing a motion with the court. The court will presume that there has been a substantial change of circumstances and also will presume that your support order is unreasonable and unfair if:
I was successful in getting my support reserved while I am incarcerated. What happens after my release?
The court or the child support agency will review your financial circumstances at that time and set a new order based on your ability to pay. It is important to provide information to the court, the child support agency, and your child’s other parent about your employment status and efforts that you’ve made to obtain fulltime employment. Also, don’t forget to include your new mailing address so you can receive notices from the child support office about changes on your case and so you can receive your monthly billing statement.
I have a child, but am not married to the mother. Is there a way to be recognized as my child’s legal father without going to court?
A couple that isn’t married and has a child together can sign a Recognition of Parentage (ROP) form. This form establishes the man who signs the form as the legal father of the child and allows the father’s name to be placed on the birth certificate. To be valid, the form must be signed by both parties in the presence of a notary and filed with the Minnesota Department of Health.
During the first 60 days after signing, either parent can cancel the ROP by sending a written statement or revocation form to the Minnesota Department of Health. After 60 days, the parents cannot cancel the ROP and must file a motion asking the court to cancel it by court order. However, if you get genetic tests that show the man who signed the ROP is not the biological father, you have six months after you get this information to ask the court to undo the ROP.
My child’s other parent denies me any contact with my child. Can child support help me establish parenting time or get a change in custody?
The child support agency is only authorized to provide certain services, which do not include issues of parenting time or custody.
I’m serving the last few months of my sentence. My driver’s license was suspended for non-payment of child support. What must I do to get my license reinstated?
You have several options:
My wife and I filed a federal joint tax return. We recently received a notice stating our refund was intercepted and applied to my child support arrears. How can my wife get her portion of the refund returned to her?
Your wife must file Form 8379, Injured Spouse Claim and Allocation to request her portion of the joint refund. If it’s a state tax refund, contact your Child Support Officer.
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