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Blog

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…

Retroactive Child Support – How Far Back in Time Can The Court Go?

  • June 7, 2022
  • Tim Simonson
  • Child Custody,  Child Support,  Children,  Minnesota

When parents are involved in a divorce proceeding, Minnesota law requires that the court consider the child’s financial support, and the parents’ obligations to contribute to that support.Part of that…

Obtaining an Order for Protection in Minnesota: the Importance of Legal Counsel

  • May 9, 2022
  • Tim Simonson
  • Minnesota,  Order for Protection

Recently, the Court of Appeals was asked by a Father to overturn an Order for Protection, which the child’s Mother obtained against him, on behalf of the parties’ child. In…

What Can Cher Tell Us About an Order for Protection?

  • January 26, 2022
  • Tim Simonson
  • Domestic Abuse,  Minnesota,  Order for Protection

In 1989, the immortal chanteuse, Cher, recorded the song ‘If I Could Turn Back Time’, along with a music video performed atop the cannon of a Navy Destroyer, wearing basically…

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The area of family law is an emotional one for the clients, which is why it is imperative to set realistic expectations for clients. We look at what is happening, listen to client goals, and we can tell them what may come of the case. This allows our clients to go into the matter fully educated and more confident.

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