Minneapolis Family Law Attorney
The types of post-decree motions that can be made include:
- Custody modification
- Parenting time modification
- Child support modification
- Contempt of court (when one party may not follow through with their obligations)
- Spousal maintenance modification
If you need to make a motion to modify any of these areas, your St. Paul & Minneapolis divorce attorney can make this motion for you so that the process moves forward and you can effectively make your case for modification.
Motions To Modify Custody Or Parenting Time
Sometimes a child may decide that they want to live with the other parent or a parent’s job change or move may affect parenting time. When this occurs, a motion to modify custody and/or parenting time can be made. In order to request changes, there must be a substantial change in circumstances since the original decree was put into place, it must be determined whether or not the modification is in the best interests of the child, and, if the child has integrated into the home of the non-custodial parent, it must be determined that they have done this. It must also be shown whether or not the burden of the modification is outweighed by the benefit.
Motions To Modify Child Support Or Spousal Maintenance
When financial circumstances change for either party, it may warrant a change in child support or spousal maintenance. For instance, the former spouse making spousal maintenance payments may be forced to change jobs or they may experience reduced hours at work. When that is the case, they can request that the payments be reduced to accommodate their new financial situation. The same applies to when child support payments need to be modified. Your attorney can review with you the guidelines to requesting modification because you must meet what is considered a “substantial change” by Minnesota law.
Addressing Out-Of-State Moves & Contempt Of Court
If a custodial parent receives a better job in another state, they may request to move the child out of Minnesota. They may do this with the permission of the non-custodial parent, but the non-custodial parent can contest it. If the non-custodial parent contests the move and the court determines that the move is not in the best interests of the child, then it may be denied.
In cases where individuals do not follow court orders, this is referred to as “contempt of court.” Failure to make child support payments, spousal maintenance payments, or following another judgment can warrant action. If you need to make a contempt claim or the other party has made one against you, having your experienced Minnesota divorce attorney helping you along the way can make a significant difference in the matter.
Contact A Minneapolis & St. Paul Divorce Lawyer
Even when the divorce is over, there may be changes that warrant post-decree motions so that certain terms can be changed. Perhaps those motions have to do with child support, child custody, spousal maintenance, or another order. If you need to make a post-decree motion, having an experienced divorce attorney by your side will ensure the process is carried out correctly and smoothly. To learn more about the process and your options, call the Gilbert Alden PLLC at 612-564-3622 for a free consultation.