THE NEW CHILD SUPPORT LAW; FROM “CLIFFS” TO “BUCKETS”
Beginning August 1st, a change to the Minnesota child support law takes effect which should come to the relief of many parents who are paying too much child support under…
Why Aren’t Pre-nups Always Enforced?
Minnesota law allows couples, before marriage, to enter in to a contract promising to leave each other’s stuff alone in the event of a divorce. This contact, dubbed an ‘anternuptial…
KEEPING TRACK OF NON-MARITAL PROPERTY IN A DIVORCE
If I’m getting a divorce and my house (that I owned before marriage) tripled in value during my marriage, does my spouse get to share in that increased value?? What…
STOP MESSING WITH MY PARENTING TIME! WHAT HAPPENS WHEN PARENTING TIME IS LOST BECAUSE A PARENT ISN’T FOLLOWING THE SCHEDULE?
What happens when time with your children is being interfered with by the other parent? What if “activities”, “homework”, “sleepovers with friends”, or “illnesses”, become common themes of why your…
LIFE INSURANCE TO SECURE SPOUSAL MAINTENANCE OR CHILD SUPPORT; DON’T TAKE IT LIGHTLY
Recently the Court of Appeals was asked by a surviving ex-wife to award life insurance proceeds to herself and children, which her ex-husband, before he died, elected go to his…
Enough is Enough; When it’s Time to Revisit Spousal Maintenance
The Court of Appeals recently reversed a lower court’s decision to reject a husband’s request to modify his maintenance obligation to his ex-wife. It was error, the Court said, to…
Restricting Parenting Time; When Can A Child Choose?
Courts have been asked to consider a child’s preference in deciding whether to allow parenting time. Recently, a district court’s decision to restrict parenting time was appealed after a child…
When parents and grandparents share custody OF A CHILD, who pays child support?
Under Minn. Stat. § 518A.35, subd. 1(b), “the basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children and the combined parental…
KEEPING THE HOMESTEAD SAFE IN A DIVORCE
Divorcing couples who own a home still remain homeowners, even after the divorce; they just aren’t joint owners any longer. Instead, they own the home as individuals who each have…
Dividing Military Benefits in a Divorce – When State & Federal Law Conflicts
It’s not often that the United State Supreme Court makes a decision that affects how divorces are handled in Minnesota Family Courts. But, when it comes to a veteran’s retirement…