Minneapolis Post Decree Modifications Attorneys

Minnesota Post Decree Modifications

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Sometimes, dissolution actions do not end once a final Judgment and Decree is entered. SeilerSchindel, PLLC represents individuals after their decree is finalized, when necessary. For example, post-decree modifications usually involve issues of child support, spousal maintenance, child custody, or parenting time. It may be necessary to file a motion in order to modify or change the provisions of the existing court order.

Generally speaking, an order can be modified upon the showing of a substantial, material, and permanent change in circumstances. This will normally be the result of a change in income of one or both parties, or a change in the living situation of one or both parties.

Custody Modification. If you want to modify custody, you will have to present evidence showing that a change of circumstances has occurred from the time when the original or custody order was issued and that the change endangers the child's physical or emotional health or development.

Child Support Modification. A modification of child support must be based on a showing that the terms of the order are unreasonable and unfair because of one or more of the following eight factors:

  1. Substantially increased or decreased earnings of either party;
  2. Substantially increased or decreased needs of either party;
  3. Receipt of public assistance;
  4. A change in the cost of living for either party;
  5. Extraordinary medical expenses of the child;
  6. A change in the availability of appropriate health care coverage;
  7. The addition, or elimination, of work-related or education-related child care expenses; and
  8. The emancipation of the child.

Spousal Maintenance Modification. A modification of a spousal maintenance order must be based on a showing that the order is unreasonable and unfair by reason of one of the following factors:

  1. Substantially increased or decreased earnings of either party;
  2. Substantially increased or decreased needs of either party;
  3. Receipt of public assistance;
  4. A change of in the cost of living of either party

In addition, unless otherwise specified in the Order, spousal maintenance will end upon the death of either party, or the remarriage of the person receiving spousal maintenance.

Property Division Modification. A division of real and personal property is final and may be revoked or modified only if there is a showing of fraud, mistake, or duress.