Divorce is often a difficult and emotional process, and it is not uncommon for circumstances to change after the finalization of a divorce decree. In Minnesota, you may have the option to modify certain aspects of your divorce decree to better suit your current situation. In this comprehensive guide, we will explore the various options for modifying your Minnesota divorce decree and provide tangible tips to help you navigate the process.
1. Understanding the Grounds for Modification
Before you can modify your divorce decree, you must first determine if you have valid grounds for modification. In Minnesota, you may be able to modify your divorce decree if there has been a substantial change in circumstances, such as:
- A significant increase or decrease in either party's income
- A change in the needs of the children
- A change in the custodial arrangement
- One party's relocation
- A change in the tax consequences of the original decree
It is important to note that the court will not consider modifications for minor or temporary changes in circumstances.
2. Modifying Child Support Payments
Child support is often one of the most contentious aspects of a divorce, and it is not uncommon for parents to seek modifications to the original child support order. In Minnesota, you may request a modification of child support if there has been a substantial change in circumstances, such as:
- A change in either parent's income
- A change in the child's needs
- A change in the cost of living
- A change in the child's living arrangements
To request a modification of child support, you will need to file a motion with the court and provide evidence of the change in circumstances. For more information on modifying child support in Minnesota, visit the Minnesota Judicial Branch website.
3. Modifying Spousal Maintenance (Alimony) Payments
Spousal maintenance, also known as alimony, may be modified if there has been a substantial change in circumstances since the original order was issued. Some common reasons for modifying spousal maintenance include:
- A significant increase or decrease in either party's income
- One party's remarriage or cohabitation with a new partner
- A change in the recipient's need for support
- A change in the payer's ability to provide support
As with child support modifications, you will need to file a motion with the court and provide evidence of the change in circumstances. For more information on modifying spousal maintenance in Minnesota, visit the Minnesota Statutes website.
4. Modifying Child Custody and Parenting Time
Child custody and parenting time may also be modified if there has been a substantial change in circumstances since the original order was issued. Some common reasons for modifying child custody and parenting time include:
- A change in the child's needs
- A change in the custodial parent's ability to care for the child
- One parent's relocation
- One parent's failure to comply with the original order
To request a modification of child custody or parenting time, you will need to file a motion with the court and provide evidence of the change in circumstances. For more information on modifying child custody and parenting time in Minnesota, visit the Minnesota Judicial Branch website.
5. Seeking Legal Assistance
Modifying a divorce decree can be a complex and challenging process, and it is essential to have experienced legal representation to ensure your best interests are protected. At Mack & Santana Law Offices, P.C., our experienced family law attorneys can help guide you through the process of modifying your Minnesota divorce decree, providing the knowledge and support you need every step of the way. Contact us today to schedule a consultation and discuss your options for modifying your divorce decree.
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