Because marital dissolution and paternity cases involve children, and, sometimes, spousal maintenance obligations; Minnesota’s Courts have continuing jurisdiction over the parties until the children reach the age of majority (18, or up to the age of 20 if the children are still in secondary school) or the spousal maintenance obligation expires.
With regard to children, the Court has continuing jurisdiction to modify custody, parenting time, and child support. If a modification is appropriate in any of these areas the party seeking the modification must bring a post dissolution motion seeking the appropriate relief.
A custody order may be modified if the Court determines that the current custodial arrangement poses a danger to the children’s physical or emotional health or well-being (Minn.Stat. §518.18).
A child support obligation may be modified, generally speaking, when there has been a substantial increase or decrease in a party’s income or resources (Minn.Stat. §518A.39).
With regard to spousal maintenance, the Court also has continuing jurisdiction to modify or terminate the spousal maintenance obligation; again, generally speaking, when there has been a substantial increase or decrease in a party’s income or resources.
Property settlements are final and cannot be revisited or reopened unless the original property award was based upon fraud or misrepresentation, there was a mistake between the parties with regard to the existence of or value of property, or newly discovered evidence (Minn.Stat. §518A.39, subd. 2f, Minn.Stat. §518.145).
We have also obtained favorable results for mothers in marital dissolution and custody proceedings.
Links to State of Minnesota Statutes and Forms
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