As years go by following a divorce or custody order, children get older, parents change jobs and remarry, and people move. All of these normal life changes can make court orders outdated. Changing jobs can mean that income figures used to calculate child support and medical insurance are no longer accurate. Modifying child support and spousal maintenance are common post-decree modifications in the years following a divorce. Another common issue is the need to enforce court-ordered reimbursement for expenses. These and other modifications to a divorce decree can be made by agreement of the parties and entered into a court order. If the parties cannot reach an agreement on their own, or through mediation, these issues may need to be litigated in court.
Modification of spousal maintenance is common post-divorce when the payor spouse can no longer pay the maintenance ordered, or when the spouse receiving support has increased needs for maintenance. There are negative financial consequences for both parties when an ex-spouse cannot pay the debts he or she was ordered to pay, or cannot refinance a home he or she was ordered to refinance. These are issues which can be addressed in court and/or though mediation. At Callahan Law, LLC, we help clients decide how best to approach a necessary change or enforcement of a court order. We work with clients throughout Minnesota, with an emphasis on the communities southwest of Minneapolis, including Carver County, Hennepin County and Scott County, as well as localities from Chanhassen to Chaska, Victoria and Waconia.
Children's changing needs are also a common cause for modification of court orders. Children tend to get busier as they get older and become involved in more activities, or get jobs. They also tend to spend more time with their friends than with their parents. These normal changes in priorities can wreak havoc on parenting plans which no longer meet the needs of teenagers or older children. When parents cannot agree on how to manage the changing needs of their children and the current court order, modification of parenting time becomes necessary. Often an agreement can be reached through mediation, but sometimes modification can only be achieved after filing a motion and arguing it in court.
Another common issue for parents is changing schools. Parents with joint custody are expected to make joint decisions regarding education, but they do not always agree on what is best for their children. There are a variety of reasons a change in schools may be appropriate, and when parents disagree on what is best for their children, they may need the court to assist them in reaching an agreement. Mediation is also a good option for assisting parents in making decisions about school.
If you need to enforce an existing court order, or modify it to better suit your family's needs, we can help you explore your options. To learn more about how we can assist with modifying or enforcing a court order in your Minnesota family law matter, we invite you to contact Callahan Law, LLC online, or to call our Chanhassen office at 952-975-9961 to schedule a free initial consultation. We look forward to working with you.