Cited by
Opinions in Minnesota that cite Wiese v. Wiese, 295 N.W.2d 371.
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In re the Marriage of: Michael F. Kohorst, petitioner, Appellant,
Minn. Ct. App. 2022
“Whether there is a substantial change in circumstances rendering an existing support obligation unreasonable and unfair generally requires comparing the parties’ circumstances at the time support was last set or modified to their circumstances at the time of the motion to modify.” () (applying standard to a decision to modify child support).
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In re the Marriage of: Michelle E. Li-Kuehne, petitioner, Respondent,
Minn. Ct. App. 2018
existing at the time” the award “was last modified.”
- In re the Marriage of: Mary Patricia Myhre v. Steven Kenneth Myhre Minn. Ct. App. 2016
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In re the Marriage of: Mary Patricia Myhre v. Steven Kenneth Myhre
Minn. Ct. App. 2016
Modification of such awards should be made “cautiously and only upon clear proof of facts showing that a substantial change in circumstances renders modification equitable.” (regarding modification of spousal maintenance); see also Rubenstein v. Rubenstein, 295 Minn. 29, 32, (stating the same standard in the context of modification of a child-support award).
- In re the Marriage of: Lian Yang McGaughey v. William Howard Taft McGaughey, Jr. Minn. Ct. App. 2015
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In re the Marriage of: Lian Yang McGaughey v. William Howard Taft McGaughey, Jr.
Minn. Ct. App. 2015
Modification of maintenance should be made cautiously and “only upon clear proof of facts showing that a substantial change in circumstances renders modification equitable.”
- In re the Marriage of: Beverly Abuzzahab v. Faruk Said Abuzzahab Minn. Ct. App. 2015
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In re the Marriage of: Beverly Abuzzahab v. Faruk Said Abuzzahab
Minn. Ct. App. 2015
But modification of maintenance should be made cautiously and “only upon clear proof of facts showing that a substantial change in circumstances renders modification equitable.”
- Maschoff v. Leiding 696 N.W.2d 834 Minn. Ct. App. 2005
- Maschoff v. Leiding 696 N.W.2d 834 Minn. Ct. App. 2005
- Marriage of Kielley v. Kielley 674 N.W.2d 770 Minn. Ct. App. 2004
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Marriage of Kielley v. Kielley
674 N.W.2d 770
Minn. Ct. App. 2004
2(a) (2002); Hecker, d at 709 ; (observing that a modification under Minn.Stat.
- Santillan v. Martine 560 N.W.2d 749 Minn. Ct. App. 1997
- Santillan v. Martine 560 N.W.2d 749 Minn. Ct. App. 1997
- Mower County Human Services ex rel. Swancutt v. Swancutt 539 N.W.2d 268 Minn. Ct. App. 1995
- Mower County Human Services ex rel. Swancutt v. Swancutt 539 N.W.2d 268 Minn. Ct. App. 1995
- Marriage of Christenson v. Christenson 490 N.W.2d 447 Minn. Ct. App. 1993
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Marriage of Christenson v. Christenson
490 N.W.2d 447
Minn. Ct. App. 1993
According to the supreme court, although trial courts have broad discretion in ruling on motions for modification, maintenance awards should only be modified where “clear proof of * * * a substantial change in circumstances renders modification equitable.”
- Marriage of Phillips v. Phillips 472 N.W.2d 677 Minn. Ct. App. 1991
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Marriage of Phillips v. Phillips
472 N.W.2d 677
Minn. Ct. App. 1991
See Wiese, Blomgren, d at 380 .
- Marriage of Erickson v. Erickson 435 N.W.2d 145 Minn. Ct. App. 1989
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Marriage of Erickson v. Erickson
435 N.W.2d 145
Minn. Ct. App. 1989
( Ramsay v. Ramsay, 305 Minn. 321, 322 , ).
- Marriage of Videen v. Peters 438 N.W.2d 721 Minn. Ct. App. 1989
- Marriage of Videen v. Peters 438 N.W.2d 721 Minn. Ct. App. 1989
- Marriage of Neubauer v. Neubauer 433 N.W.2d 456 Minn. Ct. App. 1988
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Marriage of Neubauer v. Neubauer
433 N.W.2d 456
Minn. Ct. App. 1988
In addition “[t]he burden of proof is on the movant,” to show “clear proof of facts showing * * * a substantial change of circumstances” and an appellate court should be “reluctant to interfere with an exercise of [the trial court’s] substantial discretion.”
- Marriage of Joneja v. Joneja 422 N.W.2d 306 Minn. Ct. App. 1988
- Marriage of Kruschel v. Kruschel 419 N.W.2d 119 Minn. Ct. App. 1988
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Marriage of Kruschel v. Kruschel
419 N.W.2d 119
Minn. Ct. App. 1988
Peterson v. Peterson, 304 Minn. 578, 580
- Marriage of Garcia v. Garcia 415 N.W.2d 702 Minn. Ct. App. 1987
- Marriage of Garcia v. Garcia 415 N.W.2d 702 Minn. Ct. App. 1987
- Marriage of Miller v. Miller 409 N.W.2d 870 Minn. Ct. App. 1987
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Marriage of Miller v. Miller
409 N.W.2d 870
Minn. Ct. App. 1987
(specific findings supporting maintenance modification required).
- Marriage of Hillestad v. Hillestad 405 N.W.2d 436 Minn. Ct. App. 1987
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Marriage of Hillestad v. Hillestad
405 N.W.2d 436
Minn. Ct. App. 1987
2, however, appellant must show “clear proof of facts showing a substantial change of circumstances from *439 those existing at the time of the dissolution.” (emphasis added).
- Marriage of Johnson v. Fritz 406 N.W.2d 614 Minn. Ct. App. 1987
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Marriage of Johnson v. Fritz
406 N.W.2d 614
Minn. Ct. App. 1987
§ 518.64 (1986), requires a showing of “a substantial change of circumstances from those existing at the time of the dissolution or * * * at the time the award was last modified.” (emphasis added)
- Marriage of Halvorson v. Halvorson 402 N.W.2d 168 Minn. Ct. App. 1987
- Marriage of Halvorson v. Halvorson 402 N.W.2d 168 Minn. Ct. App. 1987
- Marriage of Tuthill v. Tuthill 399 N.W.2d 230 Minn. Ct. App. 1987
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Marriage of Tuthill v. Tuthill
399 N.W.2d 230
Minn. Ct. App. 1987
An award of maintenance is to be modified “only upon clear proof of facts showing a substantial change of circumstances from those existing at the time of the dissolution * *
- Marriage of James v. James 397 N.W.2d 587 Minn. Ct. App. 1986
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Marriage of James v. James
397 N.W.2d 587
Minn. Ct. App. 1986
Ramsay v. Ramsay, 305 Minn. 321, 322
- Sulzbach v. Sulzbach 395 N.W.2d 451 Minn. Ct. App. 1986
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Sulzbach v. Sulzbach
395 N.W.2d 451
Minn. Ct. App. 1986
(awards should be modified “cautiously and only upon clear proof of facts showing that a substantial change in circumstances renders modification equitable”).
- Marriage of Looyen v. Martinson 390 N.W.2d 465 Minn. Ct. App. 1986
- Marriage of Looyen v. Martinson 390 N.W.2d 465 Minn. Ct. App. 1986
- Marriage of Blomgren v. Blomgren 386 N.W.2d 378 Minn. Ct. App. 1986
- Marriage of Blomgren v. Blomgren 386 N.W.2d 378 Minn. Ct. App. 1986
- Moylan v. Moylan 384 N.W.2d 859 Minn. 1986