Legal Question in Family Law in Minnesota

how do I modify divorce decree for relocation

I am ordered in the divorce decree to remain within Minnesota until my ex-husband allows us to relocate or he moves out of state himself. However, this past May, our daughter was diagnosed w/ epilepsy and I was laid off my job - at which time he drafted a personal letter that stated we could leave the state in order to have proper support of our daughter w/ ALL of my family living in Arkansas. He would not apply for a legal modification however, due to the urgent nature of the situation. I have physical custody, and he has joint legal. He has a parenting plan of which he has never complied. Also, he has defaulted on the property settlement that was due to be paid in full by June 17, 2005. My question is do I need to legally request a motion to modify the decree in order to remain in Arkansas; and have I broken the agreement legally by following his advice and relocate in order to regroup and become stable? He did state in the letter that he was allowing us to stay through December 31, 2007 and would allow me to enroll our daughter in school in Arkansas. Please advise what steps I need to take to properly address this situation as well as be able to get the property settlement funds he has declined to pay. Thank you.

Tracy


Asked on 8/24/07, 11:07 pm

1 Answer from Attorneys
Dennis Felix Felix Law Office, P. A.

Re: how do I modify divorce decree for relocation

Yes. You should make a motion in Minnesota to amend the decree. That way you would not have to worry about it. Given that he allowed you to move, the Court would likely give you the right to stay. You may even want to make the matter a contempt issue to enforce the property settlement. Dennis

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Answered on 8/27/07, 9:52 am


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