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Issue: Will the Family Court in Minnesota take into consideration any ‘extra-judicial agreement’ of parties that modify a dissolution decree?
| Area of Law: | Family Law |
| Keywords: | Extra-judicial agreement; Dissolution decree; Modifications |
| Jurisdiction: | Minnesota |
| Cited Cases: | 383 N.W.2d 678 |
| Cited Statutes: | None |
| Date: | 07/01/2011 |
Given the Minnesota Supreme Court’s general endorsement of extrajudicial modifications of dissolution decrees, see Kielley v. Kielley, 674 N.W.2d 770, 775-76 (Minn. App. 2004) (citing Tell v. Tell, 383 N.W.2d 678, 682 n.2 (Minn. 1986)), a court may consider any actual agreement between the parties purporting to modify maintenance, even if the parties reached such an agreement extrajudicially.
See March v. Crockarell, No. C1-00-1260, 2001 WL 96140 (Minn. App. Feb. 6, 2001) (affirming the district court’s affirmative finding that no agreement existed between the parties to credit half of tax refund to future support payments, as the allegation of such an agreement was not credible and was not supported by the evidence).
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