Blog

DETERMINING CHILD CUSTODY IN MINNESOTA COURTS WHERE IS HOME?

Posted on Tuesday, September 18th, 2018 by Tim Simonson and is filed under Child Custody, Child Support, Children, Minnesota.

If you want a court to help you figure what right(s) you might have to raise your child, you want to be sure you’re asking the right court, and in particular, the court of the proper state.  Usually that’s an easy question to answer.  Typically (and hopefully) it’s not hard to figure out what State… Read more »

A Lesson from Child Support Court: “Pull No Punches”

Posted on Tuesday, August 21st, 2018 by Tim Simonson and is filed under Child Support, Finances, Minnesota.

Minnesota Child Support Law mandates that child support is determined primarily by the parents’ incomes. Because income is so important to a court when figuring out a child support obligation, some parents have tried being “less than candid” when reporting income to the court.  The intent of this strategy, not surprisingly, is to end up… Read more »

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 »