Fill and Sign the Instructions for Cost of Living Adjustment Worksheet Minnesota Form

STATE OF MINNESOTA DISTRICT COURT COUNTY OF       JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, COST OF LIVING AND ADJUSTMENT WORKSHEET , Respondent, All of the above information should be indicated on your child support/ maintenance order or divorce decree. The cost-of-living adjustment in child support requested in Step 7 below has been calculated pursuant to Minn. Stat. 518.641 and the Child Support/Maintenance Order dated STEP 1. Monthly child support/maintenance order now. STEP 2. The most recent CPI-U. Look this up on CPI-U Table. Write number here. Enter the name of the month you used. If you are filing this request to get an adjustment by May 1, the most recent CPI-U available will be January or February, depending upon when you file this form. The February CPI-U is not available until the end of March. If you want to file this form before the end of March, you will have to use the CPI-U for the month of January. If your child support/maintenance order says you must use one of the other three CPIs, use the same table (page 13). The MPLS-ST. PAUL CPIs are not available on a monthly basis. They are available only twice each year. You must use the last available figure listed in the table or the one just before the month in which you are filing. STEP 3. The CPI-U for two years ago. Look this up on the CPI-U Table. Cost of Living Adjustment Form--Worksheet, page 2 (See instructions on page 4) Use the month your child support/maintenance order was written if you have never asked for a cost-of- living adjustment before. Use the same month you used for Step #2 if you have received a cost-of-living adjustment before. If your child support/maintenance order says you must use one of the other CPIs, use those figures from the same table. If the CPI for MPLS-ST. PAUL is not listed for that month, go back to the last month one is listed. STEP 4. Subtract the number in Step 3 from the number in Step 2. Write your answer here. STEP 5. Divide the number you got in Step 4 by the number on the line in Step 3. Write your answer here. STEP 6. Multiply the number in Step 5 by the number in Step 1. Write your answer here. STEP 7. Add the number in Step 6 to the number in Step 1. Write your answer here. This is your new monthly child support/maintenance amount. Beginning Date you must pay $ for your (monthly/weekly) child support/maintenance. NOTE!: You are now ready to complete the Cost of Living Adjustment Form. When you are done, use it to make two more copies, one for yourself and one for the person who pays you child support/maintenance. File this original copy with your other child support records at the court. Cost of Living Adjustment Form STATE OF MINNESOTA DISTRICT COURT COUNTY OF JUDICIAL DISTRICT FAMILY COURT DIVISION In Re the Marriage of: Court File No. , Petitioner, COST OF LIVING ADJUSTMENT AND , Respondent, The cost-of-living adjustment in child support requested in Step 7 below has been calculated pursuant to Minn. Stat. 518.641 and the Child Support/Maintenance Order dated STEP 1. Monthly child support/maintenance order now. STEP 2. The most recent CPI-U. Enter the month you used. STEP 3. The CPI-U for two years ago. STEP 4. Subtract the number in Step 3 from the number in Step 2. Write your answer here. STEP 5. Divide the number you got in Step 4 by the number on the line in Step 3 Write your answer here. STEP 6. Multiply the number in Step 5 by the number in Step 1. Write your answer here. STEP 7. Add the number in Step 6 to the number in Step 1. This is the new child support/maintenance. Write your answer here. Beginning you must pay $ for your (monthly/weekly) child support/maintenance. INSTRUCTIONS FOR NOTIFICATION OF COST OF LIVING INCREASE 1. Insert the date you will send this notice. 2. Insert the name of the person who pays child support/ maintenance and that person's address. 3. Fill in the names of the "Petitioner" and the "Respondent" as they appear on your original child support/maintenance order or divorce decree. They may appear as "Plaintiff" and "Defendant" on your court order. 4. Insert the court file number that appears on your original child support/maintenance court order. 5. Insert the name of the person who pays child support/ maintenance. 6. Insert the date when your cost-of-living increase should become effective. 7. Insert the number of the paragraph in your court order where the cost-of-living adjustment is mentioned. If this is mentioned in an appendix in your court order, you can write "consistent with the terms of Appendix A." If your child support/maintenance order does not mention a cost-of-living adjustment, you can leave out this sentence or you can refer to Minnesota Statute 518.641. 8. Fill in whether your child support/maintenance order is part of a "judgment and decree" (which is your divorce document) or from an "order," if you have a child support/maintenance order issued by the court. 9. Insert the amount of child support you are currently entitled to, including how often you receive it (weekly, monthly, etc.) according to your original or modified child support/maintenance order. 10. Insert the new child support amount you calculated in Step 7 on the Cost-of-Living Adjustment Form. 11. Insert the same date you used in #6 above. 12. Print and sign your name here. Include your address. LETTER OF NOTIFICATION--WORKSHEET 1) Date 2) Name Address Re: Notice for Implementation of Cost-of-Living Adjustment 3) In Re the Marriage of: , Petitioner and , Respondent 4) Court File No.: (Case # from Cost of Living Adjustment Form) 5) Dear : Please be advised that a Cost-of-Living adjustment to the child support/maintenance amount you pay will become effective on 6) , 20 . The adjustment is more fully explained and consistent with the terms of paragraph 7) of the 8) . Prior to the effective date of the adjustment, you have the right to request a court hearing on whether the cost- of-living adjustment should take effect and obtain an ex parte stay of the imposition of the cost-of-living adjustment pending the outcome of the hearing. Forms for you to do this are available from the court administrator's office. The cost-of-living adjustment upon the child support/maintenance obligation of 9)$ ordered by the court will be automatic if you fail to schedule such a hearing and obtain an ex parte court order. My calculations as to the amount of the adjustment are enclosed. By such computations, you should be paying 10)$ for your child support/maintenance obligation starting on 11) . Sincerely, 12) (print name) _______________________________(Signature) NOTE!: You are now ready to complete the Notification of Cost of Living Adjustment Form. U se it to make two more copies. Send one copy to the person who pays you child support/maintenance and keep one copy yourself. File the original with your other child support/maintenance records at the court. LETTER OF NOTIFICATION Date Name Address Re: Notice for Implementation of Cost-of-Living Adjustment In Re the Marriage of , Petitioner and , Respondent Court File No.: Dear , Please be advised that a cost-of-living adjustment to the child support/maintenance amount you pay will become effective on , 20 . The adjustment is more fully explained and consistent with the terms of paragraph of the . Prior to the effective date of the adjustment, you have the right to schedule a court hearing on whether the cost- of-living adjustment should take effect and obtain an ex parte stay of the imposition of the cost-of-living adjustment pending the outcome of the hearing. Forms for you to do this are available from the courts. The cost-of-living adjustment upon the child support obligation of $ ordered by the court will be automatic if you fail to schedule such a hearing and obtain an ex parte court order. My calculations as to the amount of the adjustment are enclosed. By such computations, you should be paying $ for your child support/maintenance obligation starting on , 20 . Sincerely, __________________________________ Name COST-OF-LIVING ADJUSTMENTS IN MAINTENANCE OR CHILD SUPPORT ORDERS MN. STAT. 518.641 Subdivision 1. Requirement. An order for maintenance or child support shall provide for a biennial adjustment in the amount to be paid based on a change in the cost of living. An order that provides for a cost-of-living adjustment shall specify the cost-of-living index to be applied. The court may use the consumer price index for all urban consumers, Minneapolis-St. Paul (CPI-U), or another cost-of-living index published by the department of labor, which it specifically finds is more appropriate. The court may specify that the housing component be excluded from the cost-of- living adjustment. Cost-of-living increases under this section shall be compounded. The court may also increase the amount by more than the cost-of-living adjustment by agreement of the parties or by making further findings. The adjustment becomes effective on the first of May of the year in which it is made . A court may waive the requirement of the cost-of-living clause if it expressly finds that the obligors occupation or income, or both, does not provide the cost-of-living adjustment or that the order for maintenance or child support has a provision such as a step increase that has the effect of a cost-of-living clause. The court may waive a cost-of-living adjustment in a maintenance order if the parties so agree in writing. The commissioner of human services may promulgate rules for child support adjustments under this section in accordance with the rulemaking provisions of chapter 14. Subd. 2. Conditions. No adjustment under this section may be made unless the order provides for it and until the following conditions are met: a) the obligee or public authority serves notice of its application for adjustment by mail on the obligor's last known address at least 20 days before the effective date of the adjustment; b) the notice to the obligor shall inform the obligor that an adjustment in payments shall become effective on the first of May; and c) after receipt of notice and before the effective day of the adjustment, the obligor fails to request a hearing on the issue of whether the adjustment should take effect, and ex parte, to stay imposition of the adjustment pending outcome of the hearing. Subd. 3. Result of hearing. If, at a hearing pursuant to this section, the obligor establishes an insufficient cost of living or other increase in income that prevents fulfillment of the adjusted maintenance or child support obligations, the court may direct that all or part of the adjustment not take effect. If, at the hearing, the obligor does not establish this insufficient increase in income, the adjustment shall take effect as of the date it would have become effective had the hearing not been requested. Subd. 4. Form. The department of human services shall prepare and make available to the court and obligors a form to be submitted to the department by the obligor in support of a request for hearing under this section regarding a child support order. The rulemaking provisions of chapter 14 shall not apply to the preparation of the form. Subd. 5. Request for cost-of-living clause . A motion for enforcement or modification of an existing maintenance or child support order shall include a request for a cost-of-living clause. The court may deny the request only upon an express finding that the obligor's occupation, income, or both, does not provide for a cost-of-living adjustment or that the existing maintenance and/or child support order either has a cost-of-living adjustment clause or sets forth a step increase, which has the effect of a cost-of-living adjustment. AFFIDAVIT OF SERVICE State of Minnesota ) ) SS. County of ) (county where filing Cost of Living Adjustment) Your Name of the city of , county of in the state of Minnesota, being duly sworn says that on the Day day of Month 20 Year , he/she served the Cost of Living Adjustment Form and Letter of Notification on Name of Child Support Payor enclosed in an envelope, postage prepaid, and by depositing it in the post office at City Where Mailed directed to him/her at the last known address, at (address of child support payor) . ___________________________________ Signature Subscribed and sworn to before me this ____ day of _______________, 20____. _________________________________ Notary Public INSTRUCTIONS FOR COST OF LIVING ADJUSTMENT WORKSHEET 1. Write in the name of the county where your child support/maintenance order was issued, the name of the court where it was issued (this should appear on your order as "County" or "District Court"), and judicial district and the case number. All of these should be indicated in your child support/maintenance order or your divorce decree. 2. This section should be exactly the same as your child support/maintenance order. You may have to change this form. You may have to cross out "In Re the Marriage of" if your child support was not part of a divorce settlement. You may have to change "petitioner" to "plaintiff" and "respondent" to "defendant." Use your child support/maintenance order as your guide. Write the date your child support/maintenance order was issued by the court. This appears on the order. STEP 1. Insert the amount of child support/maintenance you are now entitled to, based on your child support/maintenance order or divorce decree. STEP 2. Follow the directions under Step 2 on the worksheet. If you can't find the number you need in the attached table, you may call the U.S. Department of Labor, information or . Use the "1967 Base" which the recording will give you or ask for the 1967 base. Remember, the MPLS/ST. PAUL CPI is only available twice each year. You must take the most recent one available. The reference section of your public library may also be able to help you find the correct number if it is not in the table. STEP 3. Follow the directions under Step 3 on the worksheet. STEP 4. Follow the directions. If the number you get after subtracting is bigger than the number in Step 2, check your figures. STEP 5. Follow the directions. Dividing the numbers from Step 4 by the numbers in Step 3 will give you the cost-of-living increase. This number will have a decimal in front of it. You need to fill in only the first three numbers after the decimal point. (For example, .08632 can be written . 086) STEP 6. Follow the directions. Multiply. This will give you the dollar increase to your child support/maintenance. STEP 7. Follow the directions. Add. This will give you the total amount of the new child support/maintenance award, including the increase, if there will be one. IN THE LAST LINE, insert the amount from line 7, the date when the new child support/maintenance amount will take effect and how often you receive child support/maintenance (weekly, monthly, etc.