Thinking of a Post-Judgment Modification?

Let Our Experienced Minneapolis and St. Paul Family Lawyer Help

Post-judgment modifications may be requested for numerous reasons, but the most common reasons a St. Paul and Minneapolis family lawyer is asked to do post-judgment modifications include:

• Child support, custody and visitation issues. This includes modification of support. If the payor loses his job through no fault of his own or becomes incapacitated in any way, he or she can contact Steven H. Snyder & Associates to do a Downward Modification of Child Support. There are specific tests the payor needs to meet in order for a Downward Modification to be accepted by the Court, and an experienced Minneapolis and St. Paul family lawyer will explain the payor’s rights.
• Spousal maintenance issues. A Court orders spousal maintenance based on many things, including the payor’s ability to pay. Should the payor become incapacitated or lose his job through no fault of his own, the payor may be able to request a downward modification of spousal maintenance. Also, when the receiving spouse dies or remarries, spousal support is terminated. The payor may need to contact an attorney to have any monies being deducted from his or her payroll terminated.

Requirements for Post-judgment Modifications

• Pursuant to Minnesota Statute 518.18, a family law attorney may request a post-judgment modification on behalf of a client only if the situation meets certain requirements:

• The parties, unless agreed to in writing, may not modify a custody order or parenting plan until a year after the date of entry of the Decree of Dissolution or legal separation containing a provision regarding custody.
• If a modification motion was heard, even if it was not granted, the parties, unless agreed to in writing, may not file another motion until two years after the disposition of the prior motion on its merits.

There is an exception to the time frames required by statute. A party may file a motion for modification of custody or the parenting plan, if a parent persistently and willfully denies or interferes with parenting time. A party may also file a motion for modification of custody if the other parent has reason to believe that the situation the minor child is in is not in the best interests of the minor child. Steven H. Snyder & Associates can help a person determine whether a post-judgment modification should be filed.

When a post-judgment modification is requested, the Court is always going to look at the best interests of the minor child or children. To protect yourself and your children, if applicable, contact our Twin Cities family law firm now for a consultation.