Blog

Changes Coming to Child Support in Minnesota

Posted on Tuesday, April 17th, 2018 by Marc Beyer and is filed under Child Support, Divorce, Minnesota, Parents.

A variety of factors go into calculating child support. The law considers the income of both parents, the number of children, and each parent’s parenting time percentage, among other factors. The data is inputted into the child support calculator found on the Department of Human Services website, and the presumptive child support obligation is then… Read more »

LIFE INSURANCE TO SECURE SPOUSAL MAINTENANCE OR CHILD SUPPORT; DON’T TAKE IT LIGHTLY

Posted on Tuesday, April 10th, 2018 by Tim Simonson and is filed under Divorce, Finances, Life, Life Insurance.

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 fiancé instead. When husband and wife were divorced, husband agreed to have life insurance in place to cover his maintenance and child support obligations. After… Read more »

Enough is Enough; When it’s Time to Revisit Spousal Maintenance

Posted on Tuesday, March 20th, 2018 by Tim Simonson and is filed under Divorce, Marriage, 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 assume that a 57-year-old laborer with a degenerative spinal condition was healthy enough to continue working up to 90 hours a week and earn $150,000… Read more »

Restricting Parenting Time; When Can A Child Choose?

Posted on Tuesday, March 13th, 2018 by Tim Simonson and is filed under Children, Communication, Minnesota, Parents.

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 refused consecutive parenting time sessions with the father. Although there was no evidence was found that the custodial parent had influenced the child’s decision to… Read more »

Palimony in Minnesota

Posted on Sunday, February 25th, 2018 by Marc Beyer and is filed under Minnesota, Palimony, Spousal Maintenance.

NBA star Blake Griffin made the news recently. And not because he was traded to the Detroit Pistons. No, he was sued by his ex-fiancé for what is often referred to as “palimony.” It’s the same concept as alimony (spousal maintenance in Minnesota), except that the parties aren’t married. Hence “palimony” and not “alimony.” You… Read more »

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 »