Minnesota Post Decree Motion Lawyer

It doesn’t alway end with the divorce decree.  Circumstances for one or both parties may change, requiring changes in custody, parenting time, child support, spousal maintenance, and other aspects of the decree.  Sometimes after the decree is entered, one of the parties spots errors in the decree, or discovers new evidence.  In many such cases, it is necessary to address the issue in court, pursuant to a post-decree motion.

Post Decree Guidelines

After the divorce court proceedings, the court retains the right to hear any issues stemming from the original divorce action. This is known as ‘continuing jurisdiction’ and will often involve one or more of the following issues:

  • Child support modifications
  • Parenting time modifications
  • Child custody modification
  • Spousal maintenance modifications

Child Support Modifications

Either parent may request modification of the child support obligation.  In general, the parent making the request must show that there has been a substantial change in circumstances since the last child support order that makes the existing child support order unreasonable of unfair. If you are paying child support that is too high, or are receiving child support that simply is not enough under the circumstances, call us today at 763.315-1100 to discuss whether it makes sense to try to obtain a modification.

Parenting Time Modifications

People’s work schedules, family demands, and other obligations are rarely set in stone.  When one of the parents has a substantial change in their time commitments, a modification of the parenting time schedule may be necessary. Our family law attorneys encourage  compromise and flexibility in such matters, as they can and should be resolved without expensive litigation.  However, it is not always possible to resolve family disputes amicably.  Our family law attorneys will resolve your parenting time disputes through negotiation where possible and through aggressive litigation when necessary.

Child Custody Modifications

The court will not change an existing child custody order lightly, but it may do so when it is in the best interest of the child and under appropriate circumstances.  Such circumstances may include:

  • Both parties agree to the modification;
  • The child has been integrated into the family of one parent with the consent of the other parent;
  • The child’s present environment endangers the child’s physical or emotional health or impairs the child’s emotional development, and the benefit of changing the order outweighs the harm likely to be caused by a change of environment; or
  • The custodial parent has relocated to another state after the court has already denied that parent’s request to move to another state.

The court may also consider a modification of custody where there has been an unwarranted denial of, or interference with, a duly established parenting time schedule.  There are many factors to consider, and persons considering asking the court to change an existing custody order should consult with an attorney before deciding whether to go forward

Modification of Spousal Maintenance

Either party may request a an decrease or increase of spousal maintenance.  In general, the party making the request must show that there has been a substantial change in circumstances since the last spousal maintenance order that makes the existing order unreasonable of unfair. If spousal maintenance is an issue in your dissolution, or if you need to change the amount of spousal maintenance ordered in your case, call us today at 763.315-1100 for a free consultation..

Contact Us Today

If you think you may need to make a change in your divorce decree, or if you have been served with a motion to make a change in your divorce decree, contact our office for a free consultation. We will work hard to ensure that the modification ordered in your case–if any is to be ordered at all–is fair under the circumstances. Choose the Minnesota family law firm that always puts you first – contact Myles A. Schneider & Associates, Ltd.at 763-315-1100.

MN Divorce Lawyer & Attorney

Myles A. Schneider & Associates, Ltd. represent clients from throughout the areas of Minneapolis, St.Paul, MN or anywhere in the whole Twin Cities area – Saint Paul, MN Mpls, Anoka, Apple Valley, Andover, Blaine, Bloomington, Brooklyn Center, Brooklyn Park, Burnsville, Champlin, Chanhassen, Columbia Heights, Coon Rapids, Cottage Grove, Crystal, Eagan, Eden Prairie, Edina, Excelsior, Falcon Heights, Farmington,  Forest Lake, Fridley, Golden Valley, Hastings, Hopkins, Inver Grove Heights, Lake Elmo, Lakeville, Lino Lakes, Little Canada, Long Lake, Mahtomedi, Maple Grove, Maplewood, Mendota Heights, Minneapolis, Minnetonka, Mounds View, New Hope, North St. Paul, Oakdale, Plymouth, Prior Lake, Richfield, Robbinsdale, Rogers, Rosemount, Roseville, St. Anthony, St. Louis Park, Savage, Shakopee, Shoreview, South St. Paul, Spring Lake Park, Stillwater, Vadnais Heights, West St. Paul, White Bear Lake, and Woodbury, MN – Minnesota.