Post-Decree Motions in Minnesota : An Overview of the Relevant Legal Standards

September 21, 2013 | Category: Post-Decree Motions

Post-decree motions vary in terms of complexity and the elements necessary to meet the relevant burden of proof:

  • Custody: Must show that a child is either: (1) integrated into non-custodial parent’s home; or (2) custodial parent’s home environment endangers child.
  • Parenting Time: Must show modification of schedule serves best interest of the child.
  • Out of State Move: Must show best interest of the child is served by relocation. Court will examine purpose of move, nature of relationship among non-custodial parent and child, and ability to facilitate ongoing relationship.
  • Child Support: Must show a substantial change in circumstance, defined as at least $75.00 per month and 20% difference from existing order.
  • Property Distribution: Considered final, not subject to modification, unless a party can show fraud, coercion, duress, mistake or non-disclosure.
  • Spousal Maintenance: Must show a substantial change in circumstance of either party.

If you have a question concerning post-decree motions, our lawyers are here to help. Call (763) 323-6555 to arrange a consultation.

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