Income Share Model. Many parents assume that child support is only based on the obligor or non-custodial parent's gross monthly income. Minnesota, along with many other states, applies what is called the income-shares model. Under this model, child support is based on both parents' incomes. Even if one parent is not working, income ...
Rarely the situation arises where an individual finds out that their spouse is still married to someone else. What is done in this case? If someone was previously married and never obtained a divorce, intentionally or not, the subsequent marriage is considered by the court to never have taken place. ...
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. ...
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 ...
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 ...
Trials in Minnesota divorce cases are very rare. In practice, probably 99% of cases settle either prior to any court involvement or during court. This is done by the parties agreeing to the issues, generally with the help of a neutral third party (a mediator) or just the parties’ attorneys negotiating a settlement ...
Spousal maintenance, formerly known as “alimony”, is not as common as is often believed. The typical spousal maintenance case involves a long-term marriage where one spouse did not work outside of the home, but rather stayed home and cared for the children or the household. They either have no higher education ...
Often during the course of a divorce or custody dispute, one parent wants to move out-of-state with the child. Minnesota law requires the parent to either get the consent of the other parent or to get the court’s permission. However, if the decision is up to the judge, it is very difficult ...
It is not very common that a person dies during the pendency of their divorce. What happens in that situation? How is property distributed? Certain rights come with marriage by law. If an individual does not have a will, their property first passes to their spouse; the amount of property ...
One issue every divorcing family with children needs to deal with is the change in the holiday schedule. Holidays are generally a time, sometimes the only time, that the children spend time with their extended family and everyone gets together. There is often travel involved, if families have moved apart from ...
