Following a completed divorce, the parties often have ongoing matters with each other. These range from issues with child support and parenting time to spousal maintenance to the sale of property. Once a divorce has been completed in a court, that court retains the right to hear issues stemming from the original divorce action-this is known as “continuing jurisdiction.” In order to address those issues, a party must file a post-decree motion (the final order in a divorce is known as a “decree”).
Post-decree motions may be brought to change custody or visitation time with your children. Also, the court is able to reevaluate the child support that was previously awarded. If your child support order was issued prior to 2007, then it is worth reviewing the award under the new child support guidelines. If the child support that you are paying or receiving would change significantly under the new guidelines, the court is able to recalculate it now.
A modification in parenting time is determined by the best interest of the child. If you would like to spend more time with your child than you currently are able to, then it may be beneficial to file a motion to modify parenting time. Often, these motions are settled between the parties and attorneys prior to the court’s involvement.
If you believe that the current custodial arrangement is harmful to your child, then you may be able to modify custody under the Minnesota statutes. Modification of custody is a high standard, but there are situations where the court finds it appropriate to remove the child from the care of one parent and transfer it to the other parent. Call today to discuss any of these options with the experienced divorce attorneys at Heimerl & Lammers.
It is very difficult, but not impossible, to modify the existing property or spousal maintenance (also known as “alimony”) settlement that you previously reached with your former spouse. If your situation has changed dramatically and the award was unfair, or if your former spouse lied about assets and did not disclose all property in the settlement, it may be possible to reopen your case and change the property settlement.
Contact a Minnesota Divorce Lawyer at Heimerl & Lammers for a free initial consultation today to see if a post-decree motion is an option for you.