Post-Decree Motions: When You Have to Go Back to Court After DivorceFebruary 21, 2018 | Category: Post-Decree Motions
When you finalized your divorce, you assumed that your forays into the courtroom environment were over for good. Unfortunately, like many divorcees, you face changed circumstances. Depending on your situation, it may be possible to change aspects of your divorce agreement. Keep reading to learn more about post-decree options in Minnesota:
Child Custody and Parenting Time
Not all custodial decisions prove beneficial for parents and their children. Sometimes, parents realize after divorce that they or their ex can no longer provide the care their children require. Custody modification can be difficult to achieve, but is possible under certain circumstances.
Motions to change are typically not allowed until a year has passed since entering into a decree of dissolution. However, such time limitations may not be applied if the court believes the child in question is in danger. Likewise, time restrictions may be ignored if the custodial parent willfully limits the other party's parenting time. Changes in custody or parenting time may impact child support.
Modifying Spousal Maintenance
In Minnesota, a variety of situations can lead to modified spousal maintenance. Changing financial circumstances often prompt post-decree motions, particularly if the paying spouse suffers job loss.
In 2016, the Cohabitation Alimony Reform Bill provided an easier path to modification for couples in which the maintenance recipient begins residing with another partner. If cohabitation can be proven, it may now be easier for the paying spouse to achieve maintenance reductions or termination of payments altogether.
Post-decree motions can be time-consuming and difficult to obtain, but select circumstances call for modification. Before you embark on this process, think carefully about how it will impact your relationship with your ex and your children. Consult with an attorney to determine whether post-decree success is possible or worth pursuing.
The Brown Law Offices, P.A. can assist you at every stage of the divorce process—including post-decree motions. Get in touch today to learn more about the Minnesota law firm's range of family services.