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Making changes to a custody order

When Minnesota parents go through a divorce, they often finalize a custody agreement that determine who the child will live with, when the child will spend time with the other parent and how the child will be raised. There are many parents who are able to make a child custody agreement work for them even as the child grows older and the parents' situations change. However, there may come a time when the child custody order that is in place no longer works.

A parent who wants to make changes to a custody order will need to go to the original court where the order was finalized and ask to modify it. Generally, changes to the child custody order will only be made if the circumstances have changed substantially and modifying the court order is in the child's best interest.

What to expect if you are charged with mail fraud or wire fraud

Modern technology provides us more opportunities to connect, do business, and communicate than ever before. Two crimes that involve the way we communicate and conduct business online are mail fraud and wire fraud.

When men are more likely to acknowledge paternity

Minnesota parents may be interested to learn that, according to a study, men are more likely to readily acknowledge that they are the father of a child born out of wedlock if the mother and child meet certain conditions. For example, if the woman is more affluent or educated and if the child is a boy, the men involved may be more likely to acknowledge that they are legally the father.

In the U.S., establishing legal paternity at birth potentially reflects whether or not a man will be committed and involved in the upbringing of the child. Legal paternity is established when a man signs an Acknowledgment of Paternity form. This form gives him certain parental rights and allows the state to collect child support more easily. However, there are many cases when legal paternity is not established. In fact, the study found that approximately 750,000 babies leave hospitals around the country with no legal father every year.

Prenups and trusts protect business assets in divorce

Just like any other marital assets, business interests are often subject to division in a divorce. A Minnesota couple that overlooks this possibility could endanger the company that they own if they end their marriage. The business might not have enough cash on hand to buy out one of the parties, which could force its sale. Planning for this possibility could eliminate such pressures and ensure assets stay in family hands.

If one of the parties has started the business before getting married, a prenuptial agreement could set the terms for how to treat the assets in a subsequent divorce. In some situations, the business might be segregated from marital assets and assigned to one party. Alternatively, the agreement could specify how to handle a buy out. This could establish the valuation method for the company and how one spouse could sell shares back to the company. The parties might also choose to create a buy-sell agreement instead of a prenuptial agreement.

What to do with frozen embryos in a divorce

Minnesota couples who are divorcing and who have gone through in vitro fertilization might not have considered what they will do with any frozen embryos. Typically, people who go through the procedure sign a contract that briefly addresses this issue and gives them the choice to keep or donate the embryos or have them destroyed. However, the contract might not be legally binding, and individuals might change their minds about what they want to happen to the embryos during a divorce.

Litigation over embryos can take months or years. In the meantime, it is important to maintain payments so the embryos are not destroyed. Courts will balance the tendency to avoid making someone a parent against their will with the possibility that a person may be unable to have biological children if the embryos are destroyed.

When a parent fails to pay child support

When divorced Minnesota parents are unable to pay the child support that they owe to the custodial parent, the obligation does not go away. In fact, a noncustodial parent can still owe the back child support even after the child becomes 18 or becomes emancipated.

Child support debt never goes away and cannot be discharged in bankruptcy. Even if the child reaches the age of majority, the noncustodial parent will still be held responsible for making the payments and paying back the debt in full, even if the child is no longer being financially supported by the custodial parent.

Obama's child support rule for incarcerated parents in effect

Minnesota residents who are facing child support debt after being incarcerated may be interested to learn that one of Barack Obama's regulations that were instated in his final month took effect on Jan. 19. This regulation, which called on states to create realistic child support amounts for those who are behind bars, was not delayed for review under the Trump administration.

The regulation came about as states were imposing increasingly larger child support obligations on parents who were incarcerated and did not have the income. This contributed to the cycle of parents continuously being incarcerated for lack of child support payments. This also prevented incarcerated parents from being unable to escape poverty so that they could better provide for their children.

What to do with the house in a divorce

When a Minnesota couple goes through a divorce, one of the most difficult decisions that they often must make is what to do with their home. Divorcing homeowners usually have a few options in this regard, but some may not always be feasible. They may choose to sell their home and split the profits, buy their ex-spouse out, be bought out by their ex-spouse or retain joint ownership of the home.

If one spouse decides to keep the marital home, it may be necessary to refinance the mortgage. However, if two people with two incomes originally purchased the home together, it could be difficult for just one spouse to qualify for refinancing. It is also important to remember that both spouses' names will remain attached to the original mortgage if the home is not refinanced.

Cuba Gooding Jr. files for divorce from high school sweetheart

Minnesota residents who are fans of actor Cuba Gooding Jr. may be interested to learn that the actor recently filed for divorce. Gooding Jr. had been married to his wife, whom he met while in high school, since 1994. The former couple has three children together -- two sons and one daughter.

The divorce comes three years after the wife filed for legal separation. After filing for separation, the ex-wife cited irreconcilable differences as the reason for the split. During the time that the couple was separated, Gooding Jr. spoke on a talk show about how he was still officially married and wanted to rebuild the relationship. While he said that sometimes marriages take a break, he expressed that attempting reconciliation would be the right thing to do for the family. Gooding Jr. claimed that he took his wife out on a date during the separation.

Johnny Depp and Amber Heard finalize their divorce

Minnesota residents who are going through a divorce may be aware that actor Johnny Depp's divorce from actress Amber Heard was finalized on Jan. 13. During the divorce, Heard has accused Depp of domestic violence while Depp had accused her of financial blackmail.

After being married to Depp for only 15 months, Heard petitioned for divorce in May 2016. She then obtained a restraining order against Depp, claiming that there had been incidents of domestic violence throughout their marriage. She ultimately filed after claiming that he had hit her in the face with a cell phone before attacking objects in their home. Depp's attorney denied the allegations and claimed that Heard was attempting to obtain a premature financial settlement.

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Juvenile Criminal
Defense Strategies

Christa Jacqueline Groshek
© 2012 Aspatore Books from
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