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Blog: Children

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…

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…

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:…

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…

Parents’ & Grandparents’ Rights; Fundamental and Protected

  • January 19, 2022
  • Tim Simonson
  • Children,  Courts,  Grandparents,  Minnesota,  Parents

In Minnesota, and the United States, parents have a fundamental and protected right to make decisions about their children’s care and custody. This right is recognized by the United States…

A LESSON IN MINNESOTA CHILD CUSTODY LAW FROM DARTH VADER

  • April 27, 2021
  • Tim Simonson
  • Child Custody,  Children,  Courts,  Minnesota

Handing control of your child’s upbringing to Court ought to be a chilling thought. In order to become a Judge, one requires no credentials in child development or parenting. In…

Who Decides Where the Kids Go to School?

  • March 5, 2021
  • Marc Beyer
  • Child Custody,  Children,  Divorce

Following a divorce (or custody cases where the parties were never married) parents often disagree about where their children should go to school.  In most cases, one parent simply wants…

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