Minnesota Family Law Changes Effective August 1, 2024

2024 Minnesota Family Law Update

On May 15, 2024, Governor Tim Walz signed HF 3204, a bipartisan bill making significant changes to Minnesota family law statutes. These new laws went into effect on August 1, 2024 and are summarized as follows:

Changes to Custody and Parenting Time

Significant changes to Minnesota’s parenting time laws took effect on August 1, 2024 which appear to be moving towards more fair treatment of parents while still promoting the best interests of the children. Specifically, there is a new public policy statement urging courts to:

(1)   Ensure that each child has frequent and substantial contact with each parent, as long as the parents have shown the ability to act in the child’s best interests;

(2)   Ensure that parents provide a safe and nurturing environment for each child; and

(3)   Encourage parents to share the rights and duties of raising their child.

Temporary Custody and Parenting Time Decisions

While a divorce and custody case is pending, parents have always had the opportunity to bring temporary motions before the court to address temporary custody and parenting time. However, these motions have routinely been denied by the court in situations where one parent has had very little involvement in the child’s life up until the motion was filed. To remedy this issue, the Minnesota Legislature has now clarified that, not only are Courts required to consider the child’s parenting time with each parent before the action was commenced, but, if the child’s access to a parent was limited or restricted before the court case began, the court must now determine custody and parenting time in a manner that supports the child’s opportunity to develop a relationship with both parents.

Priority Hearings For Parenting Time Disputes

While many parents have routinely contacted our office requesting us to file an emergency motion due to the other parent withholding their child from them, without additional facts that rise to the level of endangerment, courts would routinely find that a mere denial of parenting time does not warrant an expedited hearing. Effective August 1, 2024, however, the law now requires the court to give priority to scheduling and holding an expedited hearing (within 30 days) for temporary relief when a party credibly alleges that they have been denied parenting time for 14 consecutive days. In ruling on this issue, the court must consider credible allegations of domestic abuse, substance abuse, maltreatment findings, or neglect as a reasonable basis for a party who has denied parenting time to the other party.

Remedies for Denied Parenting Time

Prior to August 1, 2024, when one parent would deny court-ordered parenting time to the other parent, the court, in its discretion, had the option of awarding make-up or compensatory parenting time to the other parent. Now, with the new change to the law, the court shall fully consider providing compensatory parenting time in these circumstances, unless providing compensatory parenting time is not in the child’s best interests. Moreover, whenever the court finds that a party has repeatedly and intentionally denied or interfered with court-ordered parenting time, not only is the court required to award make-up parenting time to the deprived parent, but the court also must require the other party to reimburse the deprived party for costs incurred as a result of the party’s denial (including reasonable attorney’s fees, if the party from whom fees are sought has a means to pay them).

In addition to the mandatory remedies set forth above, when court ordered parenting time has been denied by one party, the court now has the option of sanctioning that party or even modifying legal and physical custody of the child by awarding custody to the party whose parenting time was denied or interfered with (endangerment likely still would need to be proven as well).

Changes to Spousal Maintenance in Minnesota

In addition to changes to parenting time-related laws, the law also significantly changed in the area of spousal maintenance awarded in dissolution proceedings. To date, while Minnesota law has referred to spousal maintenance awards as being either “temporary” or “permanent,” the Legislature changed this terminology in favor of either “transitional” or “indefinite” spousal maintenance. The term “temporary” is still used for spousal maintenance awards ordered during the divorce process in temporary orders.

New Guidelines for Awarding Spousal Maintenance

In order to create a more predictable outcome in spousal maintenance cases, the law has now created a series of presumptions based upon the length of the marriage. Specifically, in marriages that lasted 5 years or less, there is a presumption that no spousal maintenance will be awarded. In marriages lasting between 5 and 20 years, there is a presumption that transitional maintenance will be awarded. And, in marriages lasting over 20 years, there is a presumption that indefinite spousal maintenance will be awarded. The length of marriage is defined as the period from the date of marriage to the date the divorce proceedings were commenced.

Streamlined Process

Previously, courts often held evidentiary hearings on motions to modify spousal maintenance. The law now specifically states that no evidentiary hearing is required on motions to modify spousal maintenance. Not only will this reduce the time and cost associated with modifying spousal maintenance, but it simplifies the modification process and makes it more accessible.

Debt is Taken into Account

In determining the standard of living maintained during the marriage for spousal maintenance purposes, courts are also now required to consider whether the marital standard of living was maintained through debt, which permits the court to adjust the standard of living to a sustainable level, reflecting the true financial situation without the burden of incurred debt.

Retirement

Courts now have clearer guidance on how to handle spousal maintenance modifications when a party retires. It is not presumed that a reduction in income due to retirement was done in bad faith if the retiring party has reached full retirement age under the Social Security Act. Parties are permitted to file a motion to modify spousal maintenance before retiring, provided they inform the court of their anticipated retirement date, and the court can then set the modification date effective on the future date of retirement.

Ask a qualified family law attorney for help

The changes to Minnesota family law took effect August 1, 2024 and encompasses both parenting time and spousal maintenance amendments, in addition to other changes not discussed here. The revisions appear to be aimed at creating a fairer, clearer, and more predictable system for all parties involved. Understanding these changes is crucial for anyone involved in a custody, parenting time, or divorce dispute. Contact the Minnesota family law attorneys at RAM Law PLLC by calling (651) 468-2104 to schedule your initial case evaluation.