When you received your divorce decree and the judge’s final orders, you might have hoped you would not have to go back to court. However, sometimes circumstances require you to revisit issues you thought you had settled. When this happens, a skilled divorce attorney could help.
When you or your former spouse want to amend a part of your divorce decree, or if one of you is trying to enforce it against the other, contact our legal team at Kohlmeyer Hagen Law Office, Chtd. Our Mankato post-divorce disputes lawyers could help you resolve the issue as efficiently as possible.
Post-divorce disputes sometimes occur because one or both parties have experienced a change in the divorce decree that they did not anticipate. For example, an involuntary change in job schedule could make it challenging to fulfill the parenting time agreement, or a job loss could lead to missed spousal support payments.
In most cases, a substantial change in circumstances is required to modify a court order. For example, if a child develops a condition that one parent is better equipped to manage, a change in the custody order might be justified. Job losses, windfalls, and new relationships could also support modifying a court order.
It is possible to modify the portions of the divorce decree that cover spousal support, child support, custody, and parenting time. The property division order cannot be modified unless evidence of fraud emerges that was not available at the time of the divorce. In such a case, consulting a Mankato attorney who understands the legalities of handling post-divorce disputes is critical.
The best response to a post-divorce dispute in most cases is to try to negotiate a change to the order. A couple could negotiate directly or work with a mediator. It is wise to ask a Mankato attorney to review the revision for a post-divorce dispute before submitting it to the court. When the amendment involves the children, Minnesota Statute § 518.17 requires the judge to evaluate whether the amendment serves their best interests. If so, the judge will incorporate it into an amended, enforceable order.
When the parties cannot agree on a modification, the person who wants to change the order must bring a petition before the court seeking the change. The court will usually hold a hearing and review evidence submitted by both parties. If the court agrees a modification is appropriate, the judge will make the change and issue a new order. Otherwise, the order already in place would continue to be enforceable.
When a party repeatedly and intentionally violates the court’s order, the other party can seek enforcement in court. The remedies available depend on the violation.
Parents should not engage in self-help to try to force compliance with orders. For example, refusing to allow a parent time with their child until their child support payments are current can get the custodial parent into trouble. Instead, a party seeking to enforce a divorce order should consult with a Mankato attorney about the most effective strategy in their specific post-divorce dispute case.
Parents who fall behind on their child support payments risk wage garnishment, diversion of their tax refunds, possible seizure of their bank account or other assets, and suspension of their driver’s license. If they hold a professional license, that could be suspended as well. In some cases, a judge could hold a parent in contempt of court and impose civil fines, force them to pay the receiving parent’s attorney’s fees, and even sentence them to jail.
The same remedies are available when a parent fails to pay child support and when a former spouse fails to pay maintenance as ordered.
Minnesota Statute § 518.1756 provides several remedies when a parent repeatedly interferes with the other parent’s visitation time. Courts can order the non-custodial parent to receive compensatory parenting time to make up for the time lost.
The court can also order the offending parent to pay a civil fine and reimburse the other parent’s attorney’s fees and other costs. Sometimes, the court orders the offending parent to post a bond to ensure their compliance. In extreme cases, a court could change the custody order.
When you and your former spouse are arguing about one of your divorce orders, prompt action is important. Do not let a disagreement fester. A Mankato post-divorce disputes lawyer could help you navigate the legal process effectively.
Call the experienced lawyers at our firm today for help. We could discuss your available legal options during an initial consultation.
