What are Post-Decree Motions?
Post-decree motions are essentially a request to make changes to some aspect of a divorce decree put forth by the court. It is filed when one or both former spouses are fighting to amend decisions made by the court after their divorce is finalized. There are a variety of different types of post-decree motions.
When to Pursue Post-Decree Motions
If there has been a significant change to any aspect of your life or the life of your ex-spouse or child, it may mean that the court will amend its previous order. This would be the time to file a post-decree motion, assuming you are interested in pursuing an amendment. It may not always be beneficial to file a post-decree motion depending on the circumstances. An experienced attorney like Beth Barbosa can give you some insight into whether a post-decree motion is the right option for you. There are a few post-decree motions that are very common, so your matter will likely fall into one of them.
Spousal Maintenance or Child Support in Edina, MN
Any time financial circumstances change for either party, the child support or spousal maintenance determinations have the possibility of being changed. For example, if one ex-spouse changes jobs, experiences an increase or decrease in their work hours, or sees a significant pay increase or decrease, their financial obligations to their former spouse or their child may change. The party can request to have their payments reduced or increased based on the position in which they find themselves. With child support, when the parent paying child support sees a decrease in their income for any reason, they may have their payments modified to be less each month. For this type of post-decree motion, you must meet Minnesota’s definition of a “substantial change,” so it’s important to discuss this with your qualified attorney.
Contempt of Court
When there has been a court order that one of the parties is required to follow; for example, spousal maintenance, child support payments, or any other judgment; and they do not follow this court order, it is known as contempt of court. If you file a motion or have one filed against you in this case, the court will determine whether the individual actually is in contempt of court and will act accordingly. This is a very important time to have your attorney explain the proceedings so he or she can help simplify the process for you.
Things to Remember when filing Post-decree Motions
The most important thing to remember when considering filing post-decree motions is that the court will use its own criteria to determine whether your motion is reasonable. You will absolutely need an attorney to help ensure that you meet these criteria so your motion will be approved. And experienced attorney in edina, mn such as Beth Barbosa will hear your concerns and advise you whether it is wise and advantageous for you to file a post-decree motion.
Contact Beth Barbosa today to learn more about filing your own post-decree motion.