Karon Waivers & Fake News: Proceed With Caution!
Despite lacking clear definition, the term “fake news” now frequently appears in political discourse. Without objective, universally-accepted criteria, it can be hard for consumers to discern what the term “fake…
Grandparent Visitation Rights: Potential Hazards!
Minnesota law grants rights to grandparents to visit their grandchildren, if they can prove any of the following: The grandchild has a deceased parent The grandchild has lived with the…
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…
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….
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…