Many people consider a divorce finalized when the court enters the divorce decree. However, entry of the judgment and decree does not mark the end of the process. There are many reasons a divorce decree may end up being modified. If you are involved in post-decree motions in Minnesota, our family law attorneys can help.
Types of Post-Decree Motions
During the divorce process, one of the biggest decisions the court makes concerns the custody of your children. At the time of the divorce, the court will use the best interests of the children as the guide for determining custody. However, after the divorce is over, there are sometimes instances where a parent wishes to modify the custody provisions outlined in the original court order.
Child Support Modification
Child support is often a major part of a divorce. While the amount of child support is dependent on the financial situation of the parents and the needs of the child at the time of the divorce, there are often circumstances that require this amount to be changed later. If you have been involved in a divorce or paternity matter, and feel a need to modify the amount of child support you are paying or receiving, then you will need to file a motion to modify child support. This can be a complex and difficult procedure.
Parenting Time Modification
During the divorce process, the court will determine custody based on the best interests of the children. However, over time, these interests may change. It is often the case that one parent eventually will seek out the opportunity to spend more time with his or her child. Getting the court to modify custody can be an almost impossible task. Therefore, many parents attempt to get a modification of the parenting time schedule instead.
Spousal Maintenance Modification
After a divorce is finalized, it is often the case that one party has to provide financial support to the other party for a certain period of time. This payment (referred to as spousal maintenance or alimony) is generally paid by the spouse who had the higher income during the marriage. While the court sometimes declares spousal maintenance temporary, there are situations in which one party may need to modify the amount paid.
Relocation to Another State
There are many things that can complicate a relationship between a parent and a child after a divorce. This is especially true for a non-custodial parent. There are even some instances where a custodial parent may want, or need, to move out of state with the child. Such a move would obviously have a major impact on the parenting time of the non-custodial parent. Because of this, a custodial parent cannot simply relocate without the permission of either the non-custodial parent, or the court.
When a divorce reaches conclusion, there are many things that have been sorted out by the court, and the parties involved. Custody, parenting time, child support, and spousal maintenance (alimony) are just a few of the issues that have been determined. Sometimes, one of the parties will not fully uphold the court order that results from divorce. When there is some type of violation of the terms of the divorce decree, a motion can be filed.