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Blog

“Words Speak Louder than Action”: Child Support & Parenting Time in Minnesota

  • January 1, 2023
  • Tim Simonson
  • Child Support,  Divorce,  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

  • September 27, 2022
  • Tim Simonson
  • Child Support,  Children,  Minnesota

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

  • September 20, 2022
  • Tim Simonson
  • Uncategorised

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

  • September 13, 2022
  • Tim Simonson
  • Child Custody,  Children,  Minnesota,  Uncategorised

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

  • September 6, 2022
  • Tim Simonson
  • Child Support,  Children,  Courts,  Divorce

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?

  • August 30, 2022
  • Tim Simonson
  • Child Support,  Children,  Minnesota,  Work

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

  • August 24, 2022
  • Tim Simonson
  • Divorce,  Home,  House

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.

  • August 17, 2022
  • Tim Simonson
  • Child Custody,  Children,  Divorce,  Minnesota

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!

  • June 21, 2022
  • Tim Simonson
  • Children,  Courts,  Divorce,  Family Court

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!

  • June 14, 2022
  • Tim Simonson
  • Minnesota,  Prenup

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…

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