How Can Men in Minnesota Effectively Manage Post-Divorce Modifications?

Do Men Have Rights in Minnesota Divorce Cases?

Minnesota courts take the stance that men and women are equal in all aspects of divorce cases, whether it’s the original proceedings, custody or support issues, or modifying decrees later. That doesn’t necessarily mean that the process will be equally fair, depending on a number of circumstances.

It’s vital for men to stand up for their rights. A good family law attorney can help them do that.

Is it Possible to Modify Divorce Decrees After They’ve Been Ordered by the Court in Minnesota?

The quick answer is yes; it’s possible to modify a divorce decree after the court has finalized it. However, Minnesota courts require a significant reason to do so. It’s not enough to simply want to change something for no particular reason. Among the reasons deemed vital enough are the following.

• Changes in income. If either parent experiences a notable increase or decrease in income, that can be enough reason to modify child or spousal support orders.
• Changes in living arrangements. If one parent moves away, or if a parent with primary physical custody wants to change physical custody arrangements so the other parent becomes the primary custody owner, that can result in modifications.
• Changes in the children’s needs. For example, if a child becomes disabled or needs long-term medical assistance, which could affect both physical custody and financial needs, the court could revisit the issue. 

It’s crucial to understand that the reasons for the changes must be long-term or permanent, not minor or temporary, for the court to be willing to modify the decree. 

Is it Possible for a Father to Gain Custody of the Children in Minnesota?

Yes, it’s possible. Minnesota law views mothers and fathers as having equal rights if they were married. If they weren’t married when the child was born, the father needs to establish paternity to have his parental rights.

If the divorce decree gave partial or full physical custody of the children to the mother and the father would like that changed, there are some guidelines to follow. The law is complex and nuanced, and it’s advisable to work with an experienced family law attorney when pursuing these actions. 

• Time frame. The court will usually not consider a request to change custody until at least one year has passed since the previous order was issued. There are some exceptions to this.
• The parents both agree. 
• One parent refuses to honor the previous order’s visitation or joint custody requirements or willfully refuses to let the other parent visit the child in violation of the order.
• The parent requesting custody can prove to the court that the child may be endangered, whether physically, emotionally, or intellectually, by remaining in the other parent’s custody.

Can Child Support or Spousal Support Be Changed in Minnesota?

Yes, either child support or spousal support (often referred to as “alimony”) can be modified in Minnesota. As with any other aspect of modifying divorce decrees, it’s not a process to be undertaken lightly. The court expects to hear that there are significant reasons for requesting a change, especially if one spouse doesn’t agree. 

There are several situations that the court considers significant enough to possibly order a change in either child or spousal support.

• Either spouse has a major change in the cost of living. That could involve a change in income for either or a change in ongoing life expenses.
• Changes in the child’s medical or educational costs.
• Either spouse begins receiving some type of public assistance.
• Either spouse goes through a major life change, such as a health issue, remarriage, or retirement.
• One spouse is found to have committed fraud or misrepresentation during the divorce process, such as deliberately hiding assets.
• A child becomes of legal age or is legally emancipated. 

If any of these changes occur and the changes affect the financial capacity of either spouse, the court may agree to a change. The court may refuse to modify the order if the changes occur but don’t make a substantial difference in the financial capacity. 

When Does Financial Support End?

Minnesota has some laws about this, but they’re complex. In general:

• Child support. This ends when a child turns 18 or graduates from high school, whichever is later (but no later than the child’s 20th birthday). An exception is for children who have physical or mental conditions that make them unable to care for themselves. In those cases, the support may be permanent.
• Spousal support. Minnesota has multiple types of spousal support: Temporary, which runs during the divorce proceedings and ends when the divorce is finalized; short-term, meant to help the recipient remain solvent while working to become self-supporting; and long-term or permanent, designed for someone who likely can’t become self-supporting due to factors including age or health. The key here is self-support; the goal is for the recipient to eventually, if possible, support themselves.

What Should I Do if I Want to Pursue Modifying My Original Divorce Decree?

Call The Legal Dad as soon as possible at 612-712-3405 to schedule a complimentary consultation. I understand not only the nuances of Minnesota divorce laws but also why it can be difficult for a man to go through divorce proceedings and later want to modify them. My experience and knowledge can help me guide you as to possible approaches and what needs to be done to achieve the best possible outcomes.