Post-Decree Modifications Attorney in Minneapolis, Minnesota

Life does not stop after a divorce is finalized. Even after the court enters a divorce decree, many different issues may arise, including those related to child support, child custody, and alimony. When the parties’ circumstances change over time after a divorce is final, they have a right to seek a post-decree modification.

As an experienced attorney at Michael Fink Law, PLLC, I work closely with clients to assist them with various family law issues, including modifications. I serve clients in Minneapolis, Minnesota, and surrounding areas, including Edina, St. Paul, St. Louis Park, and Minnetonka.

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What Is a Post-Decree Modification?

As a post-decree modifications attorney, I understand that your life may undergo significant changes after your divorce is final. When this happens, the decree that was issued by the court when you ended your marriage may no longer be practical or appropriate for the circumstances. In Minnesota, parties to a divorce can request a post-decree modification of the following orders:

1. Child support. If parties experience changes in their financial situation after the divorce is finalized, they may no longer be able to pay child support—or, vice versa, they may require more financial support. If the modification request is approved, the support amount may be recalculated.
2. Child custody. If the child’s needs or the parties’ circumstances have changed after the decree was issued, there may be grounds for a modification of child custody. However, the process of modifying a child custody order is usually more complicated than changing child or spousal support orders.
3. Alimony (spousal maintenance). As with child support, the parties’ financial situations may change after the court issues an alimony award when finalizing the divorce. When appropriate, a spousal maintenance award may be adjusted upward or downward after evaluating the parties’ circumstances.

Speak with a knowledgeable post-decree modification attorney to discuss your circumstances and determine if your particular situation warrants a modification.

Child Custody & Support Modification

Child support is a common reason people seek a post-decree modification following a divorce. However, some circumstances may also warrant a modification of child custody. Under Minnesota law, you can request a modification of child support if you can demonstrate proof of substantial changes in circumstances. The party requesting a modification has the burden to prove that their circumstances have changed substantially since the time of the divorce.

In Minnesota, you can establish a presumption of a substantial change in circumstances by showing any of the following:

1. The amount of child support, if recalculated, would differ by at least 20% and no less than $75 compared to the current amount
2. The medical support provisions of the current order are no longer enforceable by the parent receiving child support or the public authority
3. Court-ordered health coverage is no longer available to the children
4. The current child support obligation does not include a specific dollar amount
5. The obligor’s gross income has decreased by at least 20% due to an involuntary loss of their job or involuntary pay cut
6. The child lives in a foreign country.

Once the parent seeking a modification establishes the presumption, the opposing party has the burden to rebut the requested change. The party seeking a post-decree modification should reach out to legal counsel for help establishing the presumption.

Spousal Support (Alimony) Modification

As with seeking a modification of child support or child custody, you can ask the court to modify spousal maintenance. However, you have the burden to show that the requested modification is justified. Reasons for modifying an alimony order include but are not limited to:

• An increase or decrease in either party’s income
• An increase or decrease in either party’s needs
• Substantial changes in the cost of living

If the court approves the modification request, it can order a decrease or increase in the amount as well as the suspension, termination, or extension of alimony payments. Consult with an attorney to analyze your specific situation and determine if you are eligible to have your alimony order modified.

The Post-Decree Modification Process in Minnesota

If your existing post-decree order is no longer working because of changes in your current situation, you may have a right to request a modification. The process of seeking a post-decree modification in Minnesota begins with filing an appeal with the court.

When filing an appeal with the court, the party seeking a modification must establish a presumption of a substantial change in circumstances to get their request approved. An experienced attorney can help you gather the necessary evidence to support your modification request and fight for a favorable resolution of your case.

Seeking a post-decree modification can be a complicated and confusing process. For this reason, contact a knowledgeable family law attorney in Minneapolis, Minnesota, to help you navigate the modification process and take the necessary steps to support your case, whether you are the party seeking or opposing a modification.