Divorce is difficult enough to go through the first time – most people don’t relish the idea of revisiting the terms from their divorce decrees months, or even years, later.  In many instances, though, it is appropriate and necessary to do just that.

Parenting Time and Child Custody

The Court will retain jurisdiction over custody and parenting time issues even after the divorce decree has been entered.  This jurisdiction will continue until the children have emancipated.  The law allows parties to modify custody if there has been a change in circumstances.  Generally speaking, the two most common ways to modify custody are if the child(ren) have been integrated into the other parent’s home with the consent of the custodial parent, or if the child(ren) are endangered in the custody of the custodial parent.

The legal standard for being awarded custody on a modification basis is more difficult than it is as part of an initial determination during the divorce process.  This is because the law favors finality, and does not want noncustodial parents continually seeking to modify custody, unless there has been a change in circumstances that warrants a change.  Some parents mistakenly believe that they can successfully move to modify simply because the other parent has had their turn long enough.  This is not the approach the courts take.

Child and Spousal Support

Child support is determined based upon the parties respective incomes and the level of parenting time.  If either of these change enough, a modification of child support may be appropriate.  Specifically, if the would-be child support obligation based upon the changed circumstances is $75 and 20% higher or lower than the existing obligation, then a change in child support is warranted.  Be aware, though, that Courts will inquire into the reason for the changed circumstances.  If the Court determines that a child support obligor’s income has decreased in bad faith (e.g. they quit their job for no apparent reason), the Court will not reward such behavior by reducing child support.

Spousal maintenance payors and payees also have the ability to modify spousal maintenance (assuming they did not execute Karon waivers at the time of the divorce).  Again, the inquiry is whether the parties have experienced a change in circumstances.  Most commonly, these issues arise when a spousal maintenance payor has lost their job, or otherwise experienced a reduction to their income, and they bring a motion to decrease their spousal maintenance obligation.  Assuming the reduction in income was in good faith (i.e. beyond the control of the payor) the Courts will reassess the situation and determine whether continued spousal maintenance is appropriate, and for how long.

Contact our Minnesota Divorce Lawyers Today!

Circumstances change over time – just because your divorce is in the past does not necessarily mean that you are stuck with the outcome forever.  If you want to challenge your current child custody, parenting time, child support, or spousal maintenance payments, then let our post-decree modification attorneys walk you through the process.  We have years of experience in all post decree modification situations.  Contact the staff at Gadtke & Beyer, LLC today at 952-345-8004 or fill out a form on the side of the page.

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Have questions? Feel free to contact Gadtke & Beyer, LLC today. We offer free consultations to all potential clients - call today at 952-345-8004.