Minneapolis Post Decree Modification LAWYER
Experienced Modification Attorney Serving Hennepin County, MN
To obtain a successful post-decree modification in Minneapolis, Minnesota law requires a “substantial change in circumstances” since the original divorce decree was entered. Courts will not consider minor or temporary changes sufficient. Examples that may meet this legal threshold include a significant increase or decrease in either party’s income, major changes in employment, onset of health issues or disability, remarriage, or relocation that impacts parenting time or child support arrangements. For child-based matters, evolving educational or medical needs can be relevant, as can evidence of a substantial change in a child’s well-being or safety. In Hennepin County Family Court, parties must present objective proof—this typically includes updated financial statements, pay stubs, tax returns, or medical records. By working with a divorce modification lawyer in Minneapolis from Sobol Family Law, clients receive step-by-step guidance in gathering, presenting, and explaining this documentation so their case is as compelling as possible under Minnesota Statute § 518.18.
Even when a substantial change is demonstrated, not all modifications are granted. The court will also consider whether the requested change is in the best interests of all parties, particularly where children are involved. This nuanced analysis includes factors such as the stability of the proposed arrangement, impacts on the child’s emotional or academic life, and each parent’s willingness to cooperate. Our team at Sobol Family Law leverages decades of experience navigating the Minneapolis legal landscape to advocate effectively for your needs, always prioritizing both compliance with court standards and your long-term family goals.
After your divorce, circumstances may change. The cost of living increases annually. You may have unexpected expenses, or your expenses may simply increase faster than your cash flow. You may be injured or lose your job. Your former spouse may have a sudden change in fortune either up or down. While property settlements are as a rule almost always final, both spousal maintenance and child support are subject to modification. Property settlements in rare circumstances may be modified upon a showing of fraud, or if it can be shown that the settlement is no longer equitable.
Children’s needs also change over time and may require adjustments to parenting time schedules agreed upon at the time of divorce. A parenting schedule that worked for a five-year-old may become unworkable for a teenager. Your or your spouse’s ability to care for your children might also be impacted post-divorce by career changes, issues with chemical dependency, or other factors affecting the best interests of your children.
Minnesota has specific laws and processes to modify child support, alimony & spousal support, child custody, and parenting time, and to move to reopen or modify a property settlement. Brian has over 38 years of experience dealing with these issues and can advise you as to your likelihood of success with a motion for modification. He can also assist you in modifying your decree when needed and appropriate, based on the financial circumstances of you and your former spouse, and, when appropriate, for the best interests of your children. Contact Brian today to discuss any needs or concerns about post-decree modification. A further discussion of some of these issues is found below.
Schedule an initial consultation with our experienced Minneapolis divorce modification lawyer to discuss your case. You can reach Sobol Family Law by email or by phone at (612) 662-4488. Offering up to two hour consultations for $350.
Motions to Modify Child Support
An obligor may seek a modification of child support when they lose employment or experience a significant reduction in their income. Minnesota law provides specific income thresholds under which a change is deemed substantial as a matter of law. A party opposing a reduction in support based on alleged income changes may argue that the decrease is intentional or short term, especially if the obligor is self-employed. A court may deny a motion to reduce child support if it finds the obligor has intentionally reduced their income, failed to take reasonable steps to find new employment, or has other financial resources available. Sometimes, motions to modify occur after the emancipation of a minor (when a child graduates from high school and is eighteen), especially if the prior order establishing support doesn’t provide for an automatic reduction.
There are numerous nuances and factors that come into play regarding motions to modify support. It is always helpful to have a seasoned divorce modification attorney in Minneapolis guide you through the complexities of modifying child support, ensuring compliance with all local court requirements.
Motions to Modify Spousal Maintenance
If you are receiving alimony & spousal support and have not waived your rights to modify maintenance in your original decree, you can petition the court to modify the award by increasing the amount and/or extending the duration. This often arises when a maintenance recipient needs additional time to complete retraining or is unable to find suitable employment after divorce. If the recipient’s monthly expenses increase, or the payor’s income changes significantly, the court may modify the maintenance award. As with child support modifications, the threshold determination is whether a change in circumstances has rendered the prior award unreasonable and unfair.
A person ordered to pay alimony & spousal support may also seek a modification if they experience a financial setback, such as a reduction in income or increased expenses. A recipient opposing a reduction can argue the change is intentional or temporary, especially if the payor is self-employed. The court may deny a modification if it finds the payor has intentionally reduced their income, not made reasonable efforts to find new employment, or possesses other financial resources that enable continued payment. The payor may also request modification if the recipient’s income has substantially increased, decreasing the need for spousal maintenance. If a recipient establishes a new relationship and receives support from a new partner, the resulting reduced need may also justify a motion to modify.
When considering spousal maintenance modifications, Minnesota courts, including those in Hennepin County, follow a rigorous standard. Judges require clear, material changes in circumstances from the original order. Applicants should be prepared with comprehensive financial documentation—tax returns, pay stubs, employment records—to demonstrate their need or ability to pay. The distinction between rehabilitative and permanent maintenance can impact the feasibility of modification. Working with a divorce modification attorney in Minneapolis at Sobol Family Law ensures your case is prepared according to both statutory requirements and local court practices, enhancing your position during negotiations or court hearings.
Remarriage generally terminates the obligation to pay alimony & spousal support. If your former spouse receives support through county-administered wage withholding, a formal motion is typically required to terminate the obligation officially. A knowledgeable divorce modification lawyer in Minneapolis from our team can explain every step and how local customs may affect your case.
Cost of Living Increases
In most situations, your decree will include provisions for implementing a cost-of-living adjustment (COLA) to child support and alimony & spousal support every two years. To do this, you simply serve a notice to the obligor with a clear calculation of the change in the cost of living since the last order and what the new amount of support or maintenance will be after applying the COLA. The obligor then has twenty days to respond and request a hearing if they object to the COLA modification. A common defense is that the obligor's income has not increased proportionally or that they have not received a cost-of-living increase to their income. A qualified Minneapolis divorce modification lawyer from Sobol Family Law can advise you on COLA processes within the local court system and ensure your calculations and filings are accurate and timely.
Modification of Custody or Parenting Time
There are many reasons people seek to change the provisions of their decree regarding their children. Children age and their needs change accordingly. As children grow, they may better express where they prefer to spend their time. Expanding activities, new relationships, job changes, moving, or issues such as chemical dependency can all be valid grounds for modifying child custody or parenting time.
For families in Minneapolis and the wider Hennepin County area, seeking a modification of custody or parenting time must be closely aligned with the child’s best interests, which is Minnesota’s guiding legal standard. The court assesses changes in the child’s environment, each parent’s ability to offer stability, and both parents’ ability to foster positive family relationships. Under Minnesota Statute §518.18, significant changes or potential endangerment must be demonstrated to seek post-decree modification. Examples include relocation within or outside of Hennepin County, concerns about new relationships, or substance abuse. Providing clear documentation and preparation for a detailed review by the family court is essential.
Motions to modify parenting time are routine and often arise for these reasons. The court may appoint neutral experts or require divorce mediation for the parties before any changes are made. Some decrees delegate certain adjustment powers to a Parenting Consultant rather than the court. A divorce modification attorney in Minneapolis from Sobol Family Law can help you understand all available routes for modifying parenting plans and custody orders.
While the court will review motions to modify parenting time schedules, modifications of child custody itself require a demonstrable threshold of endangerment. There are also statutory time limits regarding how often these motions can be heard—typically not more frequently than once per year after the initial award, and otherwise, not more than once every two years barring exceptions. A seasoned divorce modification lawyer in Minneapolis will guide you through these limitations in accordance with Minnesota law.
What to Expect When Working with a Divorce Modification Attorney in Minneapolis
When you choose Sobol Family Law as your divorce modification attorney in Minneapolis, you can expect comprehensive, transparent legal service that prioritizes communication and informed decision-making. From the first consultation, we listen closely to your needs, assess your eligibility for modification under Minnesota law, and outline the documentation required. Our approach ensures your family dynamics and finances are central to every decision, anticipating possible issues and guiding you through the process in Hennepin County Family Court. We keep you updated on every step and make strategic recommendations based on court preferences and past outcomes in Minneapolis divorces.
With more than four decades of experience serving clients in Minneapolis and throughout Minnesota, Sobol Family Law delivers a combination of seasoned insight, professional recognition, and local knowledge to resolve complex cases effectively. Whether through negotiation or litigation, our dual background in advocacy and family law mediation means we are equipped to handle any challenge your modification case presents. Our goal is to secure outcomes that accurately reflect your changed circumstances, minimize stress, and provide stability for your family’s future.
Frequently Asked Questions
How quickly can a modification be processed in Minneapolis Family Court?
The timeline for processing a post-decree modification in Minneapolis and Hennepin County varies based on the court’s schedule, the complexity of your case, and whether both parties are cooperative. After a motion for modification is filed and served, the court typically schedules a hearing four to twelve weeks out. If family law mediation is required, this may extend the timeline. When both parties agree and submit a stipulated motion, the court can process changes much faster. However, contested modifications, especially those involving custody, may take several months as the court gathers evidence and holds hearings. At Sobol Family Law, your divorce modification attorney in Minneapolis will keep you informed of key deadlines and what you can expect at every stage.
What happens if my former spouse opposes the modification?
If your former spouse objects to your requested modification, the court process becomes contested. Each party submits evidence, affidavits, and legal arguments for or against the change. The court may require discovery, facilitate divorce mediation, or hold a formal hearing where each side presents its case. Minneapolis judges examine not only whether a substantial change has occurred, but also the credibility and intentions behind both parties’ positions—such as questioning the legitimacy of reduced income. At Sobol Family Law, a divorce modification lawyer in Minneapolis will support you with strategic counsel and thorough preparation, so you are always ready for the next steps in court.
Do I need a lawyer for post-decree modification in Minneapolis?
While you may file a post-decree modification motion on your own, the legal process in Minneapolis and Hennepin County can be complex and detail-oriented. Self-represented parties must meet all evidentiary standards, complete the required financial disclosures, and submit precise legal filings according to court protocols. Missing a step or mispresenting your case can delay proceedings, lead to unfavorable judgments, or inadvertently close the door to appropriate relief. By working with a knowledgeable divorce modification attorney in Minneapolis from Sobol Family Law, you will always know what’s expected and have the guidance you need to move your case forward with confidence and thoroughness.
To speak with our experienced Minneapolis post decree modification lawyers, call us at (866) 484-4079 or contact us online today.
Testimonials
Read What Satisfied Clients Say About Working with Brian
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“Brian was tenacious in helping me protect my children and was able to uncover our finances to allow us to ultimately reach a fair division of our property and a fair award of support for me and my children.”- Megan C.
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“His work is nothing but extraordinary. What he did for my friend was impossible to even think could be done. Brian did what he would do for his own family.”- Yelena B.
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“His knowledge in a variety of legal aspects is unparalleled. We feel fortunate to have his representation.”- Jeff
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“He made the process of the ordeal as good as it could have been, including the outcome. I would recommend Brian to anyone, who wants an exceptional professional and advocate to represent them in a legal matter.”- Former Client
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“After Brian negotiated my divorce settlement, my ex-husband, surprisingly, delivered the highest compliment, stating "Brian was brilliant."”- Barbara
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“During the past three years Brian helped me through a bitterly contested family law matter.”- David
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“Brian Sobol is methodical in his approach. It takes a long time to move through the family court process but I can sit back now and relax. A highly skilled professional will argue the law and fight for me to see my kids.”- Julie M.
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“I know I won't have need of for Mr. Sobol again. If I did though...Brian Sobol would be the person I would have defend me!”- Tammy G.
Procedure
Other than a request for a COLA modification, modifying an award of child support or alimony & spousal support in Minneapolis requires a formal motion filed with the court, explaining the grounds for the requested change and providing supporting documentation. Child support motions are heard by “Child Support Magistrates,” who are authorized exclusively to handle support cases. Motions to modify alimony & spousal support, child custody, parenting time, or combined relief requests are heard by a district court judge or referee. These motions generally proceed based on the affidavits submitted, though the court may schedule an evidentiary hearing to take testimony. Many divorce decrees also mandate attempts at family law mediation before the court will hear a dispute, so be sure to review your decree before filing.
Whether you are seeking to increase, decrease, or terminate maintenance or child support; modify child custody or parenting time; or oppose a change, both parties are usually required to exchange comprehensive financial information such as income tax returns, pay stubs, bank records, and household budgets. Partnering with a divorce modification attorney in Minneapolis at Sobol Family Law ensures your filings meet all local rules for Hennepin County Family Court, and you are fully prepared for court proceedings.
It is important to note that Hennepin County and the Minneapolis Family Court system have specific timelines and procedural requirements for filing post-decree modification motions. Failure to adhere to local court rules or filing deadlines can result in delays or even dismissal of your request. Prior to filing, parties should review their original decree for any “mediation first” requirements or consult with a qualified divorce modification attorney familiar with Minneapolis court protocols. Additionally, parties may benefit from understanding which judge or magistrate is likely to hear their matter, as procedural customs can vary. A divorce modification lawyer in Minneapolis can help ensure you meet all obligations under Minnesota statutes and local Minneapolis practices, helping your case proceed smoothly and efficiently.
This exchange of information, called “discovery,” usually takes place before the motion is heard by the court. Occasionally, an initial hearing may be necessary to request further information. If one of the parties is self-employed or the case involves complex finances, it may be necessary to engage a forensic accountant to determine incomes, evaluate financial needs, and assess tax impacts related to support and maintenance modifications. In some cases, the court may order a full or partial custody or parenting time evaluation, or appoint a guardian ad litem to investigate and make recommendations when modifications affect children’s welfare.
Brian L. Sobol has decades of experience managing post-decree modification motions, advocating for both recipients and payors of support and maintenance, and representing parents seeking to change or contest custody or parenting time arrangements. When you choose a divorce modification lawyer in Minneapolis from Sobol Family Law, you receive not only knowledgeable representation but also a high level of professional recognition and commitment to securing positive outcomes in your family law matter.
Contact Brian today for a consultation and assessment of your chances of a motion for modification. Offering up to two hour consultations for $350.