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Are you eligible for a cost-of-living adjustment?
You should check your child support/spousal maintenance order to see if it provides for a cost-
of-living adjustment. Usually this information appears in Appendix A of the order or divorce
decree.
If there is no reference to a cost-of-living adjustment in your child support/spousal maintenance
order, you must first go through the process of adding this provision. If you receive child
support or both child support and spousal maintenance, ask the Child Support Enforcement
Office in your county for help. For more information about contacting your Child Support
Enforcement Office, please see the “Child Support Enforcement Office” entry in “Sources of
Information” on page 28. This office does not provide assistance if you receive spousal
maintenance only. If you receive only spousal maintenance, you should talk to an attorney about
adding a cost-of-living adjustment provision to your order. For more information about talking
to an attorney, please see the “Legal Services” entry in “Sources of Information” on page 32.
When should you file for the cost-of-living adjustment?
Even though you are entitled to a cost-of-living adjustment every two years, you must request
the adjustment after two years have passed. Cost-of-living adjustments never happen
automatically for spousal maintenance. They happen automatically for child support only if the
county is collecting child support for you,
You can request a cost of living adjustment only every TWO years, not every year. If it has
been more than two years since the last adjustment or modification, you can compute the
adjustment for a period of more than two years. Court decisions have upheld the right to do so,
see Grachek v. Grachek, 750 NW.W.2d 328 (Minn. App. 2008).
How is the amount of the adjustment determined?
The adjustment you are entitled to is based on the Consumer Price Index (CPI). This is a
standard measure of the inflation rate and is determined by the U.S. Department of Labor. The
CPI typically uses what is known as a base year system to calculate the data you see on the CPI
Table. In a base year system, the CPI data is determined by breaking down various spending
areas from a specific year (the “base year”) and weighting the following years accordingly.
There are several base years used in different CPIs. The CPI table in this packet (p. 8), and the
CPI Table linked to through the OESW website use the year 1967 as the base year. It does not
matter which base year you use, but you must use the same base each time you calculate an
adjustment…and you must use the CPI Table for the base year you have chosen (E.g., a CPI
Table titled U.S. All Items, 1967=100 is using 1967 as the base year. A CPI Table titled U.S. All
items, 1982-84=100 is using 1982-1984 as the base years.) Unless your child support order or
divorce decree asks you to use a CPI table that calculates its numbers with a different base year,
it is sufficient to use a CPI table with a 1967 base year .
The CPI table (with 1967 as the base year) can be found on the OESW website at
http://www.oesw.leg.mn/cola/cpi.htm and a hard copy is included with this packet if you’ve
received it via US mail. This table lists two different CPIs. They are the monthly CPI-U and the