Howard S. Kleyman | Family Law Attorney Serving Minneapolis, St. Paul & All Minnesota

Mother cancelled child support on her own, 2 years later wants to reinstate, can she pursue the missing 2 year?

Relationship changed, can a mother claim pay-backs for those times when it was voluntarily cancelled, according to Minnesota laws?

5 Responses to “Mother cancelled child support on her own, 2 years later wants to reinstate, can she pursue the missing 2 year?”

  1. You asked so... says:

    If "canceled" means she closed her child support case, the answer is yes. Only a court order for zero or reserved child support can get you off the hook. I have seen non-custodial parents take custodial parents to court and get the case dismissed since there was no effort to collect from the time they closed there case (usually years had passed) until they reopened the case.

  2. MrKnowItAll says:

    I don’t know Minnesota laws, I think it depends on:
    1.) Did she officially go to the court and have it cancelled?
    2.) Was she on any kind of public assistance?

    If she was not receiving public assistance/welfare, all she has to do is go to the court to ask to end child support, and they will normally just rubber stamp it. If she received welfare, the welfare department would have to agree.

  3. laughter_every_day says:

    If the support was ordered by a court, then Mom had no authority to override the court order. Only the court can modify the order. The change in circumstances would have been grounds for asking the court to modify the order but until it is modified it remains valid and the support must be paid.

  4. Marcia B says:

    Hmmm. The problem is, the mother doesn’t have the authority to refuse child support. The money isn’t for her, its for the child.

  5. quizzard123 says:

    No, she cannot, provided there is a record that she cancelled the agreement. Child care is only available in arrears if the paying parent has failed to follow an agreed upon support arrangement. It does not apply when there is no arrangement or order.

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