Child support new calculation law, which one applies ?

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ok so in MN the calculation changed from a set 25% for non custodial parent to a share income calculation.

the law is applicable jan 1st 2007. However I am being told by the CD office and the self help center that only the new cases will be re-evaluated in 2007 and that all old cases will be done in 2008. So that my case would have to wait unless one of the reasons bellow applies:

" THE COURT CANNOT GRANT A REQUEST TO MODIFY AN EXISTING CHILD SUPPORT ORDER USING THE INCOME SHARES MODEL UNTIL JANUARY 1, 2008, OR UNDER LIMITED EXCEPTIONS, UNTIL JANUARY 1, 2007.  CONTACT AN ATTORNEY OR OTHER LEGAL SERVICES PROVIDER FOR MORE INFORMATION."
•   Substantial increase / decrease in earnings;
•   Substantial increase / decrease in need of a party or the child(ren) involved in this court order;
•   Receipt of public assistance;
•   Receipt of disability payments for you or the child(ren) involved in this court order;
•   A change in the cost of living for either party as measured by the Federal Bureau of Labor Statistics;
•   A change in the availability or cost of medical and/or dental insurance coverage or expenses of the child(ren), yourself, and/or former spouse involved in this court order;
•   The addition, elimination, or substantial increase / decrease of work-related or education-related child care expenses for the child(ren) involved in this court order;
•   Child(ren) attaining the age of 18, graduating from high school, joining the military, or living independently;
•   A change in the residence of the child(ren).
you can get the document there: http://www.courts.state.mn.us/forms/public/forms/Child_Support/District_Court/CSD201.doc



However if I go take a look at the Bill (the law itself that was passed):
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0630.4&session=ls84
and if you look at section
23.1, .... and 24.1, ....
It seems to me that it clearly states that anyone can request a modification if there has been 20% increase or decrease and at least 75$.
The text of the bill even talks about the fact that the order under such conditions is deamed unfair, ...
you can get the full text of the bill up there
So reall wat is it? Is it that the CS office "preprinted" forms can't handle it and that you have to go directly to the court asking for a regular motion?
What if you bring a motion in court on these grounds of review in 2007. Will the judge apply the old law which in 2007 is officially not the law anymore?
Or is this just a way the CS office has to try to unload the work and spread it over 2 years lieing to us?
I mean in their document itself it states that they can't give legal advises ?!?!?


23.19     Subd. 2.  [MODIFICATION.] (a) The terms of an order
 23.20  respecting maintenance or support may be modified upon a showing
 23.21  of one or more of the following:  (1) substantially increased or
 23.22  decreased earnings of a party gross income of an obligor or
 23.23  obligee; (2) substantially increased or decreased need of a
 23.24  party an obligor or obligee or the child or children that are
 23.25  the subject of these proceedings; (3) receipt of assistance
 23.26  under the AFDC program formerly codified under sections 256.72
 23.27  to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a
 23.28  change in the cost of living for either party as measured by the
 23.29  Federal Bureau of Labor Statistics, any of which makes the terms
 23.30  unreasonable and unfair; (5) extraordinary medical expenses of
 23.31  the child not provided for under section 518.171; or (6) the
 23.32  addition of work-related or education-related child care
 23.33  expenses of the obligee or a substantial increase or decrease in
 23.34  existing work-related or education-related child care expenses;
 23.35  or (7) upon the emancipation of the child, as provided in
 23.36  section 518.64, subdivision 4a.
 24.1      On a motion to modify support, the needs of any child the
 24.2   obligor has after the entry of the support order that is the
 24.3   subject of a modification motion shall be considered as provided
 24.4   by section 518.551, subdivision 5f.
 24.5      (b) It is presumed that there has been a substantial change
 24.6   in circumstances under paragraph (a) and the terms of a current
 24.7   support order shall be rebuttably presumed to be unreasonable
 24.8   and unfair if:
 24.9      (1) the application of the child support guidelines in
 24.10  section 518.551, subdivision 5, to the current circumstances of
 24.11  the parties results in a calculated court order that is at least
 24.12  20 percent and at least $50 $75 per month higher or lower than
 24.13  the current support order;

[socrateaser]

The statute provides that if the calculated child support will change by at least 20% AND $75 per month, then this presumes a substantial change in circumstances and permits a modification, on or after Jan. 1, 2007.

Pretty simple.

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so then I am right, the CS office is simply trying to spreaqd their load and I can go ahead and file my own motion directly with court ?

[socrateaser]

>so then I am right, the CS office is simply trying to spreaqd
>their load and I can go ahead and file my own motion directly
>with court ?

If your circumstances are within the law's requirements, then file. I don't know what the CS office is doing. They could simply be misreading the law, or, more cynically, trying to keep people from obtaining downward modifications.