Minnesota divorce decrees on child support, custody, and alimony can be modified after substantial change in circumstances — but property division generally cannot be reopened.
Published May 9, 2026
## Modifying divorce decrees in Minnesota
Minnesota divorce decrees aren't necessarily permanent. Most provisions — child support, custody, alimony, visitation — can be modified when circumstances change substantially. **Property division is the exception** — generally cannot be reopened.
## What CAN be modified
**Modifiable provisions:**
- **Child support** (most flexible)
- **Child custody / parenting time**
- **Visitation schedules**
- **Spousal support / alimony** (sometimes)
- **Health insurance for children**
- **Tax claim allocations**
- **Educational provisions**
- **Medical / extracurricular decisions**
## What CANNOT be modified
**Non-modifiable provisions:**
- **Property division** (generally final)
- **Debt allocation**
- **Specific asset transfers**
- **Lump-sum alimony** (typically)
- **QDRO awards** (generally final)
- **One-time transfers** in decree
**Limited exceptions:**
- Fraud in original disclosure
- Newly discovered evidence
- Mistake / mutual error
- Specific time limits
## Standard for modification
**Common requirement:**
**"Substantial change in circumstances":**
- Material change since last order
- Not merely existed at time
- Not foreseen in original order
- Affects basis of order
- Specific to issue at hand
**${s.name} specific:**
- Specific statutory language
- Specific case law standards
- Sometimes different for different issues
## Child support modifications
**Common reasons:**
**Income changes:**
- Job loss / disability
- Promotion / raise
- Self-employment changes
- Retirement
- Lottery / inheritance
- Significant increase or decrease
**Children's needs:**
- Aging out (emancipation)
- Medical conditions developing
- Educational needs
- Special-needs assessments
- Dependent care changes
**Custodial changes:**
- Modified custody affects support
- Time-sharing changes
- Each parent's percentage
**Other:**
- New children from new relationships
- Other support obligations
- Health insurance changes
- Childcare cost changes
**${s.name} guidelines:**
- Specific guidelines apply
- Calculator-based
- Periodic review possible
- Specific deviation factors
**"Three-year rule":**
- Some states allow review every 3 years
- Without showing substantial change
- Specific procedures
- Limited applicability
## Child custody modifications
**Higher bar typically:**
**Substantial change PLUS best interests:**
- Cannot relitigate without change
- Best interests of child
- Specific factors considered
- Stability preference
**Common reasons:**
**Parental issues:**
- Substance abuse developing
- Mental health deterioration
- Domestic violence
- Criminal activity
- Inadequate parenting
- Refusal to follow court orders
**Child's needs:**
- Educational needs change
- Medical / mental health needs
- Child's preferences (age-dependent)
- Maturity / developmental changes
- Specific child issues
**Logistical:**
- Relocation by parent
- Work schedule changes
- Healthcare access
- School district issues
- Significant commute
**Time-sharing changes:**
- Gradual shifting of time
- Major schedule changes
- Specific provision modifications
## Relocation modifications
**Major modification trigger:**
- Parent wants to move
- 30+ miles or out of state typical
- Specific notice requirements
- Court approval often required
- Specific factors considered
- Significant litigation risk
**See relocation guide for details.**
## Spousal support / alimony modifications
**Generally modifiable for:**
**Increase / decrease:**
- Substantial change in either party's income
- Cost of living adjustments
- Specific clauses in original
**Termination:**
- Recipient's remarriage (usually automatic)
- Recipient's cohabitation (sometimes)
- Recipient's death
- Payor's death (sometimes)
- Specific termination dates
**Non-modifiable alimony:**
- Lump-sum awards typically
- "In gross" alimony
- Property settlement disguised as alimony
- Specific contractual provisions
## Process
**1. Petition for modification:**
- File with same court that issued decree
- Specific allegations
- Substantial change shown
- Specific relief requested
**2. Service on other party:**
- Personal service typically
- Specific requirements
- Notice of hearing
**3. Discovery:**
- Updated financial information
- Current circumstances
- Children's status
- Specific documents
**4. Mediation (sometimes required):**
- ${s.name} requirements
- Settlement opportunity
- Reduces litigation
**5. Hearing / trial:**
- Evidence presentation
- Witnesses
- Court ruling
**6. Modified order:**
- New written order
- Specific terms
- Effective date
- Replaces (or modifies) prior order
## Effective date
**Generally:**
- From filing of petition
- Sometimes earlier (with cause)
- Specific to ${s.name} rules
- Federal Bradley Amendment for child support (no retroactive reduction)
**Bradley Amendment (1986):**
- Federal law
- Cannot retroactively reduce child support
- Each missed payment becomes judgment
- Modification only forward-looking
- Applies regardless of state
## Common scenarios
**Job loss + child support:**
- File modification IMMEDIATELY
- Don't unilaterally reduce payments
- Past-due continues accruing
- Modification only forward-looking
- Document job search efforts
**Custodial parent's relocation:**
- Notify other parent + court
- Specific procedures
- Best-interests analysis
- Often litigated heavily
- Reasonable alternative custody
**New marriage + alimony:**
- Recipient remarries = often automatic termination
- Specific to original order
- Some states cohabitation also
- Specific evidence requirements
**Children aging out:**
- Emancipation or majority age
- Support automatically terminates (usually)
- Sometimes through college
- Specific ${s.name} rules
**Special needs continuing:**
- Adult disabled child
- Continued support possibility
- Specific procedures
## Voluntary changes
**Without court approval:**
- Generally not advisable
- May not be enforceable
- Past-due continues accruing
- Always file formal modification
- Even informal agreements should be approved
## Multiple modifications
**Cumulative:**
- Each modification builds on prior
- Specific records important
- Recent changes affect future modifications
- Pattern recognized by court
## Cost considerations
**Modification proceedings:**
- Filing fees: $50-$300
- Attorney's fees: $1,500-$15,000+
- Mediation: $500-$3,000
- Less than initial divorce typically
- Specific to complexity
**Pro se options:**
- Self-help forms in many states
- Court self-help centers
- Mediation helpful
- Better with counsel for complex
## Strategic considerations
**Before filing:**
- Document changed circumstances
- Consider negotiation first
- Try mediation
- Consider effective date timing
- Calculate likely outcome
- Cost-benefit analysis
**During process:**
- Continue paying ordered amounts
- Document compliance
- Don't unilaterally modify
- Maintain communication
- Comply with discovery
**After modification:**
- Comply with new order
- Update wage withholding
- Document compliance
- Plan for future
## Common mistakes
- **Unilateral modifications** (illegal, accumulating arrears)
- **Delay in filing** (lost retroactive relief)
- **Inadequate documentation** of change
- **Trying to relitigate** original decree
- **Missing deadlines**
- **Inadequate disclosure** of finances
- **Ignoring orders** during pendency
- **Settling without writing**
## What you should do
If you need to modify a Minnesota divorce order: file petition immediately if circumstances changed (especially child support — Bradley Amendment limits retroactive relief). Don't unilaterally change payments. Most Minnesota family attorneys handle modifications. Many cases settle through mediation. Cost typically $1,500-$15,000.
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*This guide is general information about Minnesota law as of mid-2026 and is not legal advice. Modifications are technical + time-sensitive. Talk to a licensed Minnesota family-law attorney about your specific situation.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.