Child Support Modification: Not Automatic Upon A Child’s Emancipation
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
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
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
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…
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:…
PreNuptial Agreements – Choose Your Words Wisely!
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…
Obtaining an Order for Protection in Minnesota: the Importance of Legal Counsel
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?
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…
Parents’ & Grandparents’ Rights; Fundamental and Protected
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…