Child Custody in the Wake of Domestic Violence
In many cases, parents will agree to joint legal custody, in which decisions regarding the children are decided by both parents together in a co-parenting type of environment, and sole physical custody, wherein the children primarily live with one parent for purposes of school and some form of unity. However, many parents are learning how to work with a joint physical custody agreement as well.
Custody and the School Year-Difference Between Legal and Physical Custody in MN
With another new school year beginning, we frequently receive questions about how custody is determined with the ever changing schedules of school aged children. There is a difference between legal custody and physical custody and we will outline both in this blog. Minnesota Statutes section 518.003 defines “legal custody” as [...]
Mediation and Family Law
In Minnesota, mediation is not a new or abstract legal idea. In many Family Law cases, it is the best option for spouses to resolve conflict and contested issues, especially during a divorce. Mediation can help foster a healthier environment to resolve issues including custody, parenting time and financial matters. [...]
Summer Visitation
Divorce is never easy, especially when children are involved. Not only is your life about to change, but also the lives of your children. You and your soon to be ex-spouse will now parent part-time and have to adapt to two separate schedules. Separate schedules can be difficult if one [...]
Mitigating Tax Liability in Divorce
Divorce can be emotional, confusing and sometimes expensive. During a divorce proceeding, any advice to save money, protect cash flow or mitigate tax liability is welcomed by a client. Fortunately, there are ways to address financial issues and mitigate taxes to help offset the existence of other new expenses. You [...]
Finalizing Divorce Proceedings
There are certain issues that must be cleared up and questions that must be asked of both parties to finalize a divorce proceeding. If these questions are not asked and answered properly, the terms of the divorce may be contested at a future date. While you may ask yourself, “Who [...]
Basic Rules for Family Law Motions
Family Law can be very emotional compared to many other areas of law. Both parties are taking a huge step to change their life as they have known it, whether it be through divorce, adoption, or child custody. That is why it is so very important for the attorneys involved [...]
Child Support and Taxes: 5 Essential Rules
Tax season is upon us. During this time of year, we often focus on things like deductions and taxable income, and how we can maximize our tax credits and deductions to obtain the largest benefit from the IRS. When reviewing tax laws, attorneys and parties going through the legal process [...]
What You Need to Know About Karon Waivers and Spousal Maintenance
When going through a divorce, Minnesota allows for spousal maintenance (or alimony) based on statutory qualifications. Once an award for spousal maintenance is established it can be later modified if either party brings a motion for modification to the court because of changed circumstances.These changed circumstances include job status, income, [...]
Minnesota Divorce and Spousal Maintenance – Equalizing Cash Flow Is Not Part of The Algorithm
In Minnesota, Spousal Maintenance (Alimony) is based upon need. Equalizing monthly cash flow (or available income) is not required by Minnesota Statue 518.552. Unlike Child Support, Spousal Maintenance does not provide the parties with a formula to determine if (and for what duration of time) money should be paid to [...]