Representation for Post-Decree Modifications

Many people assume that a divorce is finalized once the court enters the divorce decree. However, this decree is not necessarily permanent. Various circumstances may require modifications, which are handled through post-decree motions. At Barna, Guzy & Steffen, Ltd., our experienced Minnesota post-decree motion lawyers can help you navigate the complexities of modifying existing divorce agreements to ensure they reflect your current circumstances.

Types of Post-Decree Motions

The legal system allows for modifications to divorce decrees when significant life changes occur. Some of the most common post-decree motions include:

Custody Modification

Child custody is one of the most crucial determinations made during a divorce. Courts base custody decisions on the best interests of the child at the time of the divorce. However, circumstances can change, necessitating a modification to custody arrangements. Common reasons for requesting a modification include:

  • A parent’s relocation
  • A significant change in a parent’s ability to care for the child
  • Changes in the child’s needs
  • Issues involving parental fitness, such as substance abuse or neglect
    Because custody modifications can be contentious, it is crucial to have an experienced family law attorney advocating on your behalf.

Child Support Modification

Child support payments are based on the financial circumstances of both parents and the needs of the child at the time of the divorce. However, financial situations evolve. If you need to increase or decrease child support payments, you must file a motion to modify child support. Common reasons for modifications include:

  • Job loss or a significant change in income
  • Increased financial needs of the child (e.g., medical expenses, education costs)
  • Changes in parenting time that affect financial responsibility
    Modifying child support is a complex legal process, requiring strong arguments backed by documentation and legal expertise.

Parenting Time Modification

Parenting time, or visitation, is another key element of a divorce decree. Over time, parents may seek changes to the original schedule due to:

  • The child’s changing needs and preferences
  • The work schedule or relocation of a parent
  • The desire of a parent to spend more time with their child
    Although modifying parenting time is often easier than modifying custody, it still requires court approval. Our attorneys can help present a compelling case for why a parenting time modification is in the best interest of your child.

Spousal Maintenance Modification

Spousal maintenance, commonly referred to as alimony, is often awarded to help one spouse maintain financial stability after divorce. However, circumstances may arise that require modifications to the spousal maintenance order. These changes can include:

  • A significant change in either party’s income
  • The recipient spouse remarrying or cohabiting with a new partner
  • Retirement or health issues affecting a party’s ability to pay
    Both parties have the right to petition the court for adjustments, whether seeking to increase, decrease, or terminate spousal maintenance obligations.

Relocation to Another State

A custodial parent may wish to relocate out of Minnesota for various reasons, including employment opportunities, remarriage, or family support. However, such a move directly impacts the non-custodial parent’s rights and parenting time. Minnesota law requires that a custodial parent obtain either:

  • The consent of the non-custodial parent
  • Court approval if the non-custodial parent objects
    The court evaluates whether the move is in the best interest of the child, considering factors such as the child’s relationship with both parents, educational opportunities, and overall stability. If you are facing a relocation dispute, our attorneys can help advocate for your parental rights.

Contempt of Court

Divorce decrees establish legally binding obligations. However, when one party fails to comply—whether by refusing to pay child support, denying parenting time, or failing to follow court-ordered financial obligations—the other party may file a motion for contempt. Contempt proceedings can result in:

  • Wage garnishment or financial penalties
  • Enforcement of visitation or custody arrangements
  • Jail time for severe violations
    Our attorneys are experienced in enforcing divorce orders through contempt motions and can help ensure compliance with the court’s rulings.

Frequently Asked Questions (FAQs)

Can I modify my divorce decree without going to court?

Some modifications, particularly parenting agreements, can be resolved through mediation or mutual agreement. However, for legal enforceability, a court order is required.

How long does a post-decree motion take?

The timeline varies depending on the complexity of the case, whether the motion is contested, and the court’s schedule. It may take a few months to reach a resolution.

What if my ex refuses to follow the court order?

If your ex-spouse is not complying with a custody, support, or financial order, you may file a contempt motion to enforce the court’s decision.

Do I need an attorney for a post-decree motion?

While you can file a motion on your own, legal representation significantly improves your chances of success, particularly in contested cases.

Can I relocate with my child without the other parent’s permission?

No. If the other parent does not consent, you must seek court approval to relocate with your child.

Contact Our Minnesota Post-Decree Motion Lawyers

Navigating post-decree modifications requires legal expertise and strategic advocacy. At Barna, Guzy & Steffen, Ltd., our experienced family law attorneys are here to help you modify existing court orders, enforce compliance, or challenge an unfair ruling. Whether you need to adjust custody, support, or financial obligations, we are committed to protecting your rights and your child’s best interests.

For expert legal assistance, call (763) 783-5146 to schedule a consultation with a trusted Minnesota post-decree motion lawyer at Barna, Guzy & Steffen.