When Can a Child Choose?
I often get asked by divorced or separated parents, at what age their child can decide which parent they live with. It’s a fair question; but one which unfortunately has…
Fraud: Anathematic to an Otherwise Enforceable Divorce Agreement
Divorces are frequently resolved by agreement, rather than litigation. Courts have long favored settlement of disputes without litigation. Hentschel v. Smith, 153 N.W.2d 199, 204 (Minn. 1967). In family court,…
“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…
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…
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:…
Poor Conduct in a Divorce: Don’t be “Hoisted by Your Own Petard”
“Hoist with his own petard” is a phrase from Shakespeare’s Hamlet, referring to a bomb maker being harmed by his own creation. Though Minnesota divorces are not intended to end…
Tens Don’t Marry Twos
I clerked for a District Court Judge my first job out of law school. Prior to court hearings, the Judge regularly brought the lawyers back into his chambers to privately…
Who Decides Where the Kids Go to School?
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…