Often in divorces, the parties are not on an equal playing field to start. When there are children involved, one party is usually the primary caretaker and is footing the bill for caring for the children without the help of the parent that may have moved out of the home. ...
Often in a divorce, the parties do not trust each other to fully disclose all of their assets or may believe that a spouse is intentionally hiding money or property from the other. A full and fair disclosure is necessary to be able to divide up the marital estate in a ...
More often than not, once child support is set in a case it will be modified at some point in the future. This can be for a number of reasons. The most straightforward, however, are that either parent has had a substantial change in income; that there is a substantially increased or ...
When parties reach an agreement on custody and parenting time, there are often other provisions added into the agreement that would not otherwise be if the court decided the issue. Below are a few common provisions: Right of first refusal: The right of first refusal means that if the parent “on duty” ...
There are two unique situations where parentage must be addressed in a divorce action: when the parents were not yet married at the time of the child’s birth and when the wife is pregnant at the time of the divorce proceedings. Parentage in Minnesota Under Minnesota law, if a child was ...
It is becoming increasingly common for parties other than a child’s biological parents to take over caring for a child on a regular basis. The legal process to change custody is through a third party custody action. In order to file this, you must have a connection to the child (either as ...
If you have a child support order that is enforced through the state agency, there may be an automatic adjustment filed on your behalf for the cost of living. If this is done, notice is sent to the person ordered to pay child support stating that they have a certain amount of ...
When the court makes a custody determination, the judge is to consider the thirteen “best interest” factors that are set out in Minnesota Statute 518.17. These factors are taken into account for each proposed custodian, and the court makes a final determination by weighing each of the factors. The court cannot ...
In the state of Minnesota, child support is determined based on both parents’ income and the amount of parenting time each parent is awarded. Custody labels such as “joint physical custody” or “sole physical custody” do not carry the weight that they once did. If the court is looking to determine the ...
When parents have decided to get a divorce but nothing has been done in court yet, they may not agree on what parenting time schedule should be used or who should stay in the home until all is said and done. Other parties are able to agree temporarily on those issues, ...
