“Words Speak Louder than Action”: Child Support & Parenting Time in Minnesota
I was reviewing a recent Minnesota Court of Appeals decision, Nelson v. Nelson (A22-0077) and, came to the conclusion that the old adage “actions speak louder than words” rings true…
Child Support Modification: Not Automatic Upon A Child’s Emancipation
What happens to a child support obligation when a child becomes emancipated? It doesn’t necessarily terminate, or even drop. Minnesota law provides 3 possibilities: child support that is ordered in…
Tier I & Tier II Spousal Maintenance in Minnesota
Minnesota law defines spousal maintenance as an award of payments from the future income or earnings of a former spouse to the other former spouse. Minn. Stat. §518.003 subd 3a….
Third Party Custody Rights: When a Child’s Best Interests Override Parent’s Rights to 25% Parenting Time
A Minnesota court will award custody rights to a third party (often a grandparent) when a child has been living with that third party for extended periods, without the presence…
Upward Deviations: Making a Parent Pay More Than Guidelines Child Support
Minnesota child support obligations are determined using guidelines established by the legislature. These guidelines (called the ‘Child Support Guidelines’) provide a presumed support amount for courts to use when making…
“Get to Work!” What is ‘Voluntary Underemployment’ and How Does it Affect Child Support?
When it comes to determining child support, Minnesota’s child support laws require that parents work to support their children; accordingly, courts will assume parents can work full-time to financially support…
What About My Efforts?: Marital and Non-Marital Property Interest in a Divorce
In a Minnesota divorce, property acquired by either spouse during marriage is presumed marital (joint property) that a court awards equitably to each spouse. The burden of proving that property…
When Alleging the Conduct is Worse than the Conduct Alleged.
Like the boy that cried wolf, losing credibility can be a parent’s undoing in a child custody dispute. For example, calling the cops on mother for serving your child mac…
Bad Faith Conduct: Don’t Risk The Court Flexing Its Muscles!
Be careful when thinking of defying a mediated settlement agreement in Family Court. Courts will use their inherent authority to impose sanctions as needed to protect their vital functions of:…
PreNuptial Agreements – Choose Your Words Wisely!
Minnesota law allows spouses-to-be to enter into enforceable agreements which can dictate the terms of a property division in the event of a divorce. These agreements, called prenuptial agreements or…