Blog

When parents and grandparents share custody OF A CHILD, who pays child support?

Posted on Tuesday, January 9th, 2018 by Tim Simonson and is filed under Child Custody, Child Support, Grandparents, Parents.

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 income for determining child support of the parents.” This is the model for determining child support in Minnesota for children of divorced or separated parents…. Read more »

KEEPING THE HOMESTEAD SAFE IN A DIVORCE

Posted on Tuesday, January 2nd, 2018 by Tim Simonson and is filed under Divorce, Minnesota, Property.

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 a one-half ownership interest in the house. This difference may seem obscure but, can be important. For instance, a married homeowner receives the entire house… Read more »

A YEAR OF LIVING WITH THE ‘COHABITATION’ PROVISION IN SPOUSAL MAINTENANCE LAW

Posted on Tuesday, December 5th, 2017 by Beyer & Simonson and is filed under Cohabitation, Divorce, Minnesota, Spousal Maintenance.

It’s been more than a year since new law went into effect, allowing a court to determine whether maintenance can be modified based on a recipient’s cohabitation with another adult following a dissolution of marriage.  But the law has not been changed, which requires that in order to modify a spousal maintenance award, a district… Read more »

It’s Just Discovery

Posted on Tuesday, November 14th, 2017 by Marc Beyer and is filed under Discovery, Divorce, Process.

A very common and routine part of any court case – including divorces – is what we call discovery.  After the case is started, both sides have the opportunity to serve discovery requests on the other party.  In divorce cases, the requests can be either “formal” or “informal.”  In contrast to Interrogatories and Request for… Read more »

The Price of Freedom

Posted on Tuesday, November 7th, 2017 by Marc Beyer and is filed under Divorce, Process, Spousal Maintenance.

During the divorce negotiation process, it is easy to become entrenched in a certain position.  Say, for example, that your spouse is seeking spousal maintenance.  You make a greater income than your spouse, but you believe that your spouse nevertheless earns a sufficient income that they can and should be self-supporting.  It’s not a clear… Read more »

Credibility is King

Posted on Tuesday, October 24th, 2017 by Beyer & Simonson and is filed under Divorce.

When a divorce case goes to a trial, one of the more basic functions of the Court is to make “findings of fact.” Both parties will testify, and there is often testimony from third parties as well. The Court will listen to this testimony, and then include a “Findings of Fact” section at the beginning… Read more »

Dividing Military Benefits in a Divorce – When State & Federal Law Conflicts

Posted on Tuesday, October 17th, 2017 by Tim Simonson and is filed under Divorce, Marriage, Military.

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 and disability benefits, the Supreme Court has not held back in putting the state courts in their place. The United States Constitution provides that Federal… Read more »

Olympic Trials Curling Field Expanded Thanks to Beyer & Simonson!

Posted on Tuesday, October 10th, 2017 by Marc Beyer and is filed under Curling.

Marc Beyer’s personal and professional lives crossed paths recently when he represented a competitive men’s curling team that had been denied a spot in the upcoming Olympic Trials.  Marc’s client – Team Birr – finished in second place at the U.S. Nationals this past year. They also had an impressive record on the World Curling… Read more »