Life is a series of changes, and sometimes, those changes necessitate adjustments to legal agreements. One such instance is post-divorce modifications.
A post-divorce modification refers to the process of changing the terms of spousal maintenance, child support, or custody arrangements after a divorce has been finalized. It becomes necessary when significant life alterations occur that substantially affect one’s ability to adhere to the original divorce decree. That’s when it’s time to consider a modification proceeding.
Common reasons for seeking a post-divorce modification
Minnesota post-divorce decree modifications are extremely complex, especially when it involve child support modifications. But, still, there are several reasons why individuals might seek a post-divorce modification:
- Significant increase or decrease in income from a job loss, reduction in hours or promotion
- Relocation by one parent, which impacts parenting time
- Changes in the child’s needs (educational expenses, medical needs)
- Changes in the cost of living
- Remarriage of the party receiving spousal maintenance
It’s important to note that not all changes will qualify for a modification. The courts generally require substantial changes that significantly impact one’s financial situation or ability to meet custody arrangements.
The process of obtaining a post-divorce modification
Getting a post-divorce modification begins with filing a motion with the court that issued your initial divorce decree. This motion should detail your reasons for seeking modification and provide any supporting documentation.
It’s crucial to act promptly if you’re unable to meet your support or custody obligations, as failure can lead to severe legal repercussions, including being held in contempt of court.
If you’re not sure if you need a modification, talk to your attorney
Engaging an experienced attorney can be beneficial during every step of the modification process. Your attorney has the experience to guide you through the legitimate reasons for a modification and help you file the appropriate paperwork.
You got divorced. It was a massive change to your life, but it certainly isn’t the only one. You don’t have to continue to struggle simply because of an agreement that may no longer match your circumstances.
