Post-Decree Modifications

Altering child support and alimony

Life's circumstances change. And, decisions based on one set of facts may need adjustment. The family law attorneys of Katz, Manka, Ltd. know from helping Minnesota clients for over 50 years that when things change, experienced legal representation is the best way to assure the terms and conditions of court-ordered divorces get properly addressed. Let us help you with your post-decree modification.

Making the case for "substantial change"

Courts may modify a previously issued order for child support or spousal maintenance (alimony) if there has been a “substantial change” in a party’s financial circumstances making the existing child support and/or spousal maintenance award “unreasonable and unfair.”

Changes in circumstances may include:

1. Substantial increase/decrease in the income of the person paying support or maintenance (the “obligor”), or of the person receiving support or maintenance (the “obligee”)
2. Substantial increase/decrease in the needs of the obligor or obligee or the party’s child or children
3. Receipt of AFDC (Aid to Families with Dependent Children) benefits
4. Change in the cost of living
5. Extraordinary medical expenses of a child not previously provided for
6. The addition of, or a substantial increase/decrease in, work or education–related child care costs
7. Emancipation of a child

Motions to modify child support

An obligor may seek modification of a child support obligation when s/he loses employment or otherwise experiences a significant reduction in his or her income. The reduction in income must result in a new child support award which is at least 20 percent and $75 lower than the existing order before the court will reduce the amount.

An obligee may seek a motion for modification of child support if s/he:

• Experiences a significant reduction of his or her income
• Believes that the obligor has experienced a significant increase in his/her income such that the application of the guidelines will result in a new child support obligation at least 20 percent and at least $75 higher than the existing award
• Documents that the costs of caring for the minor children have increased significantly
• Shows that there have been substantial changes in child care or medical expenses

In January 2007, the Minnesota Child Support Guidelines were modified. Now based on income sharing, with each parent’s gross income factoring into a determination of child support, current law limits the basis for motions to modify child support under the new guidelines.

Motions to modify spousal maintenance

A person receiving spousal maintenance/alimony — the obligee — may ask the Court to modify the maintenance award by:

• Increasing the amount
• Extending the length of the award

An obligor may seek a modification of spousal maintenance if the obligor has had a financial setback and a reduction in income or increase in expenses.

An obligor may also seek modification if the obligee has a substantial increase in income, thus reducing the need for spousal maintenance. If a spousal maintenance obligee establishes a new relationship, and his or her new partner moves in with the obligee reducing the obligee’s needs, this may form the basis of a motion to modify. In addition, remarriage can terminate the obligation to pay spousal maintenance.

Procedures

• Child support motions are heard by “child support magistrates,” who only have authority to hear support cases.
• Other motions to modify spousal maintenance and/or support are heard by a district court judge or referee.

Since requests for modification in these areas are solely about changes in one or both parties' financial situations, in general, parties will be required to exchange detailed financial information, including income tax returns, paystubs, bank records and budgets.

The attorneys at Katz, Manka, Ltd. have had decades of success handling post-decree modification motions, on behalf of both obligees and obligors, and would like to discuss the specifics of your case with you.

Protecting the rights of Minnesota family law and personal injury clients for more than 50 years

Katz, Manka, Ltd., primarily a family law and personal injury law firm, represents clients from throughout the Twin Cities area and beyond, including:

Contact us today online or by calling 612-333-1671. Allow us to explain how we can assist you.