Minnesota Modification of Divorce Orders
Q:
I am being deprived of parenting
time (visitation) with my children, what can I do?
A: A non-custodial parent being denied visitation by the custodial parent needs to keep an accurate record or diary of the dates missed and the purported reasons given. Law enforcement officers can be involved to help enforce a transfer. If the custodial parent continues to deny parenting time you must take further action. Courts are very protective of visitation rights. If willful denial is shown the party may be admonished by the court, found in contempt of court, fined, and in extreme case reversal of custody. Do not allow the denial to go on for long. Cases where a non-custodial parent sits on their visitation rights are much harder than if progressive steps are taken to remedy the problem.
Q: What can I do if I can no longer afford to pay spousal maintenance?
A: Spousal maintenance can be modified by both amount and duration unless a court has been divested of jurisdiction on the maintenance issues. Modification is appropriate where a substantial increase or decrease in earnings of the part of the paying spouse has occurred, the an increase or decrease in need or ability to pay by a party, or a change in the cost of living for either party.
Q:
Can I modify my support under the new
2007 Minnesota child support law?
A: From the time the law goes into effect, January 1, 2007 to December 31, 2007, modification will only be considered under specific circumstances. The change in the law is not enough to bring a motion for modification. After December 31, 2007 modification will be based on Minn. Stat. § 518A.39, subd. 2(a). If you have questions whether you qualify prior to the end of 2007, consult an attorney.
Q:
Circumstances have changed how can I
get custody of my child?
A: Post decree modifications of child custody are governed by Minn. Stat. § 518.18(a). Motions for modification may not be brought until at least one year after the date of the decree that originally determined custody. If a prior motion for modification has been brought, no other motions may be made until two years after the motion has been decided. There are exceptions to this rule if the party can show: 1. Agreement in writing between the parties to a motion hearing; 2. If the court finds persistent willful denial or interference with visitation; or 3. The court has reason to believe that the present environment may endanger the child.
Q:
Can my ex-spouse move out-of-state with
my children?
A: On August 1, 2006 the law relating to out-of-state relocation of a custodial parent with a child has changed. Now under Minn. Stat. § 518.175 subd. 3, the court will apply a best interest of the child standard. The burden is now upon the parent requesting the move, unless the parent has been a victim of domestic violence.
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