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.