When circumstances change, your divorce orders may need to change with
them. Our Mankato attorneys help you modify custody, support and
maintenance orders.
Life doesn’t stand still after a divorce is finalized. Jobs change, people relocate, children’s needs evolve and financial circumstances shift. When significant changes occur, the custody, child support, or spousal maintenance provisions of your divorce decree may no longer be appropriate or fair.
At Birkholz Law, our family law attorneys help clients petition for modifications to existing divorce orders when circumstances warrant. We also defend clients against modification requests that are unwarranted or unfair. Our goal is to ensure that court orders reflect the current reality of your situation.
Minnesota law allows modification of custody, parenting time, child support, and spousal maintenance when there has been a substantial change in circumstances since the original order was entered. The standard for modification varies depending on the type of order being modified, and our attorneys can advise you on whether your situation meets the legal requirements.
Minnesota law requires a showing of “substantially changed circumstances” before a court will modify an existing divorce order. However, the specific standard varies depending on the type of order being modified. For child support, the standard is set forth in Minn. Stat. § 518A.39 and requires a showing that the existing order is unreasonable and unfair due to changed circumstances. For custody, the standard under Minn. Stat. § 518.18 is more demanding, requiring both changed circumstances and a showing that the modification serves the child’s best interests.
modifications are not automatic — the party seeking the modification bears the burden of proof. The court will not modify an order simply because one party is unhappy with the original terms or because circumstances have changed slightly. The change must be substantial, and the proposed modification must be warranted by the new circumstances. Our attorneys evaluate your situation carefully and advise you honestly about whether your case meets the legal standard for modification.
Custody modifications are among the most difficult to obtain because Minnesota law strongly favors stability for children. Under Minn. Stat. § 518.18, a motion to modify custody requires the moving party to demonstrate: (1) a change in the circumstances of the child or the custodial parent; (2) that the modification is in the best interests of the child; and (3) that the child’s present environment endangers their physical or emotional health or development. This “endangerment” standard is a high bar, reflecting the legislature’s recognition that frequent custody changes can be harmful to children.
Parenting time modifications are somewhat easier to obtain than custody modifications. Under Minn. Stat. § 518.175, subd. 5, the court may modify parenting time if it is in the best interests of the child and there has been a change in circumstances. Common reasons for parenting time modifications include: a parent’s relocation; changes in the child’s school or activity schedule; a parent’s change in work schedule; concerns about the child’s safety; and the child’s own preferences as they mature.
Relocation cases are among the most contentious modification disputes. If the custodial parent wants to move a significant distance — particularly out of state — the non-custodial parent can object, and the court must determine whether the move is in the child’s best interests. Our attorneys handle both relocation requests and objections to relocation, building compelling cases based on the statutory factors.
Child support modifications are governed by Minn. Stat. § 518A.39. A modification may be warranted when: either parent’s income has changed by 20% or more; the parenting time schedule has changed significantly; the cost of health insurance or childcare has changed substantially; a child has been emancipated; or there has been a change in the number of children the obligor is supporting. Either parent can request a review and adjustment through the county child support agency or file a motion directly with the court.
Spousal maintenance modifications are governed by Minn. Stat. § 518A.39, subd. 2, and require a showing of substantially changed circumstances that make the existing maintenance terms unreasonable. Common grounds include: a significant change in either party’s income or earning capacity; the receiving spouse’s cohabitation with another person; the receiving spouse’s completion of education or training that increases their earning capacity; a change in either party’s health; or the paying spouse’s retirement. However, if the original divorce decree or stipulation specifically provides that maintenance is non-modifiable, the court generally cannot modify it.
It is critical to file for modification promptly when circumstances change. Support obligations continue at the existing level until a court order modifying them is entered, and modifications are generally not retroactive beyond the date the motion was filed. Waiting to file can result in significant arrearages that cannot be forgiven retroactively.
When the other party is not complying with the terms of the divorce decree, enforcement actions may be necessary. Common enforcement issues include: failure to pay child support or spousal maintenance; violation of custody or parenting time orders; failure to transfer property as ordered; and failure to maintain required insurance coverage.
The primary enforcement tool is a motion for contempt of court. If the court finds that a party has willfully violated a court order, it can impose sanctions including fines, makeup parenting time, attorney fee awards and in extreme cases, incarceration. For child support enforcement, additional tools are available including wage garnishment, tax refund interception, license suspension and passport denial.
Our attorneys aggressively enforce our clients’ rights under their divorce decrees. We also defend clients who are facing enforcement actions, ensuring that any alleged violations are evaluated fairly and that appropriate defenses are raised.
Fourteen months after their divorce was finalized in Blue Earth County, Sarah and Tom felt they had a stable co-parenting routine. Tom paid child support and spousal maintenance on time, and Sarah was rebuilding her life with their two children in Mankato. The stability shattered when Tom’s employer, a local manufacturing plant, announced significant layoffs. Tom lost the job he had held for over a decade. Suddenly, his court-ordered financial obligations became an impossible burden, but he didn’t know what his legal options were or how to begin addressing the problem.
Many people in Tom’s situation make critical mistakes. Some simply stop paying or pay a reduced amount, assuming the court will understand. This often leads to arrears and even contempt of court proceedings. Others, like Sarah, might believe that a divorce decree is ironclad and that Tom is simply trying to evade his responsibilities. She worried that any reduction in support would mean she could no longer afford their home, creating immense fear and conflict. They were at a standstill, with Tom’s financial distress growing and their co-parenting relationship deteriorating under the strain.
An experienced family law attorney would immediately advise Tom to file a motion to modify his child support and maintenance obligations under Minn. Stat. § 518A.39. The attorney would explain that a substantial decrease in income constitutes a valid change in circumstances. They would help Tom gather the necessary documentation, such as his termination letter and evidence of his job search, to build a strong case. The lawyer’s role is to navigate the legal system, advocate for a fair modification based on the new financial reality and ensure the final resolution is legally sound and enforceable.
Disputes over modifying divorce orders have profound financial consequences. For the parent seeking a reduction, the inability to meet obligations can lead to overwhelming debt, damaged credit and the constant threat of enforcement actions. For the parent receiving support, a potential or actual reduction can create a financial crisis, jeopardizing their ability to provide for the children’s needs and maintain housing stability. These financial pressures are a primary source of the stress and conflict that define modification proceedings, impacting every aspect of the family’s life.
The emotional wellbeing of both parents and children is significantly affected during these disputes. The process can feel like reopening the wounds of the divorce, leading to anxiety, depression and resentment. Children are often caught in the middle, sensing the tension and conflict between their parents. This instability can harm a child’s sense of security and emotional development, especially when legal battles are prolonged or acrimonious. Protecting children from the conflict is a critical, yet difficult, challenge for parents Handling a modification case.
Beyond the immediate family, these legal struggles can strain relationships with new partners, extended family and friends. The financial uncertainty and emotional turmoil can make it difficult to maintain healthy relationships outside of the co-parenting dynamic. Furthermore, the time and energy required to deal with a court case can impact employment. Missing work for court dates, meetings with attorneys and the general distraction of the legal process can jeopardize a person’s job at a time when they need financial stability the most.
‘A divorce decree is final and can never be changed.’ This is perhaps the most common myth. The reality is that Minnesota law explicitly allows for the modification of custody, parenting time and support orders. Key statutes like Minn. Stat. § 518.18 and § 518A.39 exist specifically to address significant life changes that occur after a divorce. The law recognizes that life is not static and provides a legal mechanism for orders to reflect new realities.
‘If I lose my job, I can just stop paying support until I find a new one.’ This is a dangerous misconception. A child support or maintenance obligation is legally binding until the court modifies it. A person who stops paying without a court order will accumulate arrears, which are very difficult to discharge. The correct legal action is to immediately file a motion with the court to formally request a modification based on the substantial change in circumstances.
‘My ex and I have a verbal agreement to change custody, so we don’t need to go to court.’ While amicable agreements are encouraged, they are not legally enforceable unless formalized in a court order. If one parent later reneges on the informal agreement, the other has little recourse because the original court order remains in full effect. To protect both parties and ensure clarity, any modification to custody or support must be approved by a judge and documented in a new order.
‘To change custody, I have to prove the other parent is a danger to our child.’ While the endangerment standard under Minn. Stat. § 518.18(d)(iv) is one path to modifying custody, it is not the only one. The court can also modify custody if both parties agree, if the child has become integrated into the moving party’s family with the other parent’s consent, or if it is in the child’s best interests and the parties previously agreed to that lower standard. The endangerment standard is a high bar, reserved for serious situations, but it is not the exclusive basis for a custody modification.
Your primary right in a modification action is the right to petition the court for a change. Under Minnesota law, you are entitled to ask the court to review your existing order if there has been a substantial change in circumstances that makes the current terms unreasonable and unfair. For financial support, this is governed by Minn. Stat. § 518A.39, which lists several grounds for modification, including a substantial change in income or needs. This right ensures that court orders can adapt to significant life events.
When seeking to modify a custody order, your rights are outlined in Minn. Stat. § 518.18. This statute establishes a high standard for changing custody to promote stability for the child. However, it also protects a parent’s right to seek a change if the child’s present environment may endanger their physical or emotional health or impair their development. You have the right to present evidence to the court to meet this standard and demonstrate why a change is necessary to serve the child’s best interests.
In any modification proceeding, you have fundamental constitutional rights to due process. This means you have the right to receive notice of the legal action, the right to be heard by the court, and the right to present evidence and arguments in your favor. You also have the right to be represented by an attorney who can advocate for your interests and handle procedural requirements. These rights are in place to ensure a fair process and a just outcome based on the specific facts of your case.
While many people envision dramatic courtroom battles, the vast majority of modification cases are resolved through negotiation and settlement. Attorneys for both parties often engage in discussions to find a mutually acceptable compromise. This can involve exchanging financial information and proposing new support amounts or parenting schedules. When a case is resolved this way, the parties sign a written agreement, or stipulation, which is then presented to a judge for approval and becomes a new, enforceable court order. This approach is typically faster, less expensive and less adversarial than a contested hearing.
When settlement is not possible, a successful legal strategy hinges on careful preparation and compelling evidence. A favorable outcome depends on demonstrating to the court that the legal standard for modification has been met. For a support modification, this means providing clear proof of the substantial change in circumstances, such as pay stubs showing reduced income or receipts for increased child care costs. For a custody modification under the endangerment standard, it requires specific evidence showing how the child’s current environment is harmful.
An effective approach often involves using alternative dispute resolution methods like mediation or a Financial Early Neutral Evaluation (FENE). In mediation, a neutral third party helps the parents negotiate an agreement. In an FENE, an experienced family law attorney or financial professional provides an opinion on how the court would likely rule on the financial issues. These processes give parents more control over the outcome and can produce creative solutions for your their family’s unique situation, often leading to a more durable and satisfactory resolution than a judge’s ruling after a hearing.
There is no mandatory waiting period for most modifications. However, for custody modifications, the court generally will not consider a motion filed within one year of the original order unless the child is in danger. For support modifications, you can file as soon as a substantial change in circumstances occurs.
Yes. If both parties agree to a modification, you can submit a stipulated modification to the court for approval. The court will generally approve agreed-upon modifications unless they are contrary to the children’s best interests (for custody and support matters) or are otherwise unreasonable.
Minnesota retains jurisdiction over your divorce orders even if your ex moves to another state. However, enforcement may need to be pursued in the state where your ex now resides. Under the Uniform Interstate Family Support Act (UIFSA), child support orders can be registered and enforced across state lines.
While you are not legally required to have an attorney, modification proceedings involve complex legal standards and procedural requirements. An experienced attorney can significantly improve your chances of success and help you avoid costly mistakes.
Under Minn. Stat. § 518A.39, this can include a substantial increase or decrease in either party’s income or needs, a change in the cost of living, or a change in the cost or availability of health insurance or child care.
Minn. Stat. § 518.18 generally prohibits a motion to modify custody within one year of the original decree, unless there is persistent interference with parenting time or the child is in danger.
The length of the mediation process varies depending on the complexity of the issues and the willingness of the parties to cooperate. Some cases can be resolved in a single session, while others may require multiple sessions over several weeks or months. The goal is to proceed at a pace that is comfortable and productive for both parties.
Yes, a change in the cost of living for either party is one of the statutory factors that can make a maintenance order unreasonable and unfair, potentially justifying a modification.
It is a high legal standard under Minn. Stat. § 518.18(d)(iv) that requires a court to find that the child’s present environment endangers their physical or emotional health or impairs their emotional development, and that the harm of staying is greater than the harm of changing custody.
A modification is typically only retroactive to the date the motion was served on the other party. This is why it is critical to file a motion as soon as the change in circumstances occurs to avoid accumulating large arrears.
While you can represent yourself, modification laws are complex and the procedural rules are strict. An experienced family law attorney can ensure your rights are protected and give you the best chance of achieving a favorable outcome.
Contact Birkholz Law today for an appointment about modifying
your custody, support or maintenance orders. Our Mankato
attorneys serve clients throughout Southern Minnesota.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
Albert Lea · Austin · Blue Earth · Faribault · Fairmont · Jackson · Lake Crystal · Luverne · Mankato · Marshall · New Ulm · North Mankato · Northfield · Owatonna · Pipestone · Redwood Falls · St. James · St. Peter · Waseca · Windom · Worthington
Copyright 2026 Birkholz & Associates | Privacy Policy | Minneapolis Web Design
