Legal Question in Family Law in Minnesota

Re: Modify Spousal Support on Divorce Decree

I feel badly about your situation.

Here's my first thought: Did you have an attorney during the divorce? If so, it makes a great deal of sense to talk to that person. He/She knows more about your case than a new lawyer, and the experience with the case could prove helpful.

Where should the case be 'venued?' That is a very interesting question:

Minnesota no longer has an interest in this case because neither of you live here anymore. You could try registering the Minnesota divorce decree in California and see if the California court would allow you to bring a maintenance modification proceeding in its state. To do this, I recommend that you contact a California attorney.

Note: Any further litigation increases the chances that you will see you x husband. If there is a court hearing, both of you will probably attend.

Final note: It is impossible for me to comment on the likelihood of a maintenance modification without knowing more about your financial circumstances and the financial circumstances of your x husband. Your previous attorney would be helpful in that regard.

Good luck!

Herbert C. Kroon

Attorney at Law

Chesley, Kroon, Harvey & Carpenter

[email protected]

Re: Modify Spousal Support on Divorce Decree

Any motion to reduce your spousal maintenance would have to be in the Minnesota county where your divorced occurred. Whether you would be able to request a reduction depends on what your divorce decree provides. If you agreed to what is known as a "Karon waiver" and that waiver is valid, you would not be able to reduce the amount. Absent a Karon waiver, you may be able to do so by showing that your former spouse has reduced needs that justify a reduction. If you wish, email your divorce decree to [email protected], and I would review it to determine whether you have a basis to request a reduction.