Blog

Custody Modification: What do you have to Prove?

Posted on Tuesday, June 26th, 2018 by Marc Beyer and is filed under Child Custody, Child Support, Children, Divorce, Parents.

In contested child custody cases, the Court determines the issue of custody and parenting time based upon what is in the “best interests of the child.” This is not an arbitrary determination. Rather, the Court determines a child’s best interests by applying the 12 best interest factors from the statute to the facts of the… Read more »

THE NEW CHILD SUPPORT LAW; FROM “CLIFFS” TO “BUCKETS”

Posted on Tuesday, June 19th, 2018 by Tim Simonson and is filed under Child Support, Divorce, Minnesota, Parents.

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 the current child support guidelines. The problem that many of these parents were facing resulted from some flaws under the former ‘Parenting Expense Adjustment’, Minn…. Read more »

Why Aren’t Pre-nups Always Enforced?

Posted on Tuesday, June 12th, 2018 by Tim Simonson and is filed under Divorce, Minnesota, Pre-nup.

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 agreement’ by lawmakers is more commonly known as a ‘pre-nup’. The idea behind a pre-nup or antenuptial agreement is to protect what was ours before… Read more »

Get it Right the First Time: Hire a Lawyer

Posted on Tuesday, May 29th, 2018 by Marc Beyer and is filed under Divorce, Lawyer, Life, Process.

For many people, saving money whenever possible is human nature. No one wants to spend more money on something than necessary. A penny saved is a penny earned, right? Take mowing the lawn, for example. I could pay a lawn mowing service to mow my lawn every week, or I can save money and do… Read more »

What is a Putative Spouse, Anyway?

Posted on Tuesday, May 22nd, 2018 by Marc Beyer and is filed under Minnesota, Putative Spouse.

What happens when a man and woman live together as if husband and wife, perhaps even believing in good faith that they are husband and wife, but in reality they are not legally married? When the relationship ends, does divorce law apply to them just the same? The Minnesota Court of Appeals was recently confronted… Read more »

Missed Parenting Time: Who’s to Blame?

Posted on Tuesday, May 8th, 2018 by Marc Beyer and is filed under Divorce, Life, Parents.

My law partner Tim recently blogged about missed parenting time. See “Stop Messing With My Parenting Time! What Happens When Parenting Time is Lost Because a Parent Isn’t Following the Schedule?“. From the fact pattern discussed in his blog, it was clear that one parent was consciously limiting the other parent’s time with the children…. Read more »

STOP MESSING WITH MY PARENTING TIME! WHAT HAPPENS WHEN PARENTING TIME IS LOST BECAUSE A PARENT ISN’T FOLLOWING THE SCHEDULE?

Posted on Tuesday, May 1st, 2018 by Tim Simonson and is filed under Child Custody, Children, Divorce, Parents.

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 child isn’t able to spend time with you any more? It could be that the other parent is trying to deny you parenting time and… Read more »

Paying Off Your Spouse’s Premarital Debt

Posted on Tuesday, April 24th, 2018 by Marc Beyer and is filed under Debt, Divorce, Finances.

Let’s say that when you get married, your spouse has $10,000 in credit card debt. You have some savings built up, so when you get married, you decide to use some of your premarital savings and pay off the debt. This lessens your spouse’s debt load, and of course helps with the budget. The minimum… Read more »

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 »