April 2017 Archives

Why to ask for a modification to a child custody order

Minnesota parents have the option of petitioning the court to have their current child custody arrangement modified if they believe they have valid reasons to do so. However, parents should keep in mind that judges will always base their decisions on what it in the best interest of the child and will closely examine the reasons provided for wanting to alter a current arrangement.

Child custody and visitation and domestic abuse

For some Minnesota parents, a marriage may end due to allegations of domestic abuse. When this happens, these allegations may also affect child custody. However, a court will look for evidence of abuse instead of just taking a person's word that the abuse has occurred. This includes examining physical evidence, such as photographs and police reports.

Fighting for child custody

Minnesota parents who are going through a divorce should make sure to have a good strategy before going to court to fight for physical custody of their children. It helps if they are knowledgeable about the state's child custody laws and that their respective family law attorneys have experience with this matter.

The fate of child support payments after an emancipation

When an individual reaches the age of majority in Minnesota, which is 18, he or she is considered to be emancipated. Once children are emancipated, they are no longer under the care of their parents, who are not obligated to support them anymore. However, there are some cases where a child may be emancipated before reaching the age of majority.

Managing a separation in Minnesota

When a couple is considering divorce, one option that they may choose to exercise is a trial separation. This can allow them to decide if they are better off ending their marriage or reuniting and giving the relationship another try. While separation can help a couple determine the state of their marriage, there are some potential financial pitfalls associated with a separation.

Suspected child abuse increased 25 percent from 2015 to 2016

Minnesota parents may be horrified to learn that the number of children in the state who were believed to be neglected or abused increased by 25 percent between 2015 and 2016. Authorities believed that the increase may be due to multiple factors, including awareness, a growing opioid crisis and how reports are reviewed.

Divorce and dividing retirement accounts

Minnesota couples who are getting a divorce might need a document known as a Qualified Domestic Relations Order if they are dividing a retirement account. A retirement account is generally divided equitably, but this may not be 50/50. A judge may decide that a different type of division is more equitable.

Disability and child support payments

The amount of child support that the parent with custody of a couple's children receives is based on the income of the parent making payments. As a result, things that lead to a decrease in a paying parent's income can also lead to a reduction in their child support obligations. If an individual responsible for paying support is disabled, it is likely that they will be required to pay less child support.

Property settlements not exempt from bankruptcy discharge

Even those who are on solid financial ground may start having money trouble after going through a divorce, so reaching a practical settlement is important when dissolving a marriage. Minnesota residents may need to know how debt and bankruptcy proceedings affect a divorce arrangement.

What happens to a business during a divorce

When Minnesota couples start a business, they expect to be able to continue running it together without worrying about what could happen if their romance ends. While couples can potentially discuss a contingency plan, where one person agrees to exit the company, talking about splitting up the company when things appear to be going so well can be an uncomfortable discussion. However, the business could potentially become a problem if couples do not take steps to protect themselves.

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