Minnesota has joined other aggressive states in making it harder and harder for dead-beat dads -- and mothers for that matter.
Minnesota child custody dispute over alleged religious bias
A Minnesota family law matter made national news because of the opinion made by the judge in the case. The couple was engaged in an otherwise ordinary child custody dispute in Stearns County if not for certain statements made by the judge.
During a hearing, the mother of the child made reference as to wishing to distance her children from the supposed religious beliefs of her husband that a wife must submit to what her husband says. The judge then remarked that she recalled disapproving of a similar statement where it was suggested that the wife must obey the husband. After the wife was then awarded primary custody of the three children, the husband then appealed the matter on a number of grounds - including the remarks made by the judge.
Safeguarding your pension rights post-divorce
The Minnesota Supreme Court recently issued a ruling in a case regarding pension rights in divorce and illustrates the importance of following court orders and proper procedures when dealing with pensions.
During divorce proceedings, one spouse may be awarded pension rights as part of the property division process. In this particular case, the divorcing husband was a participant in a union pension fund. When he and his wife of 30 years divorced, the court awarded her a half-interest in any future pension payments. The only catch: she needed to serve a domestic relations order as required by federal law.
Bill could require parenting classes for all Minnesota divorcés
When a married couple decides to end their marriage, it is not uncommon for one or both parties to feel bitterness or resentment. That is completely normal but, unfortunately, sometimes those negative feelings can seep through into a parent's interaction with his or her children.
We've written several times about the challenges facing children whose parents are divorced. Children are already vulnerable and being put in the middle of a parental dispute can be extremely difficult for them. With that in mind, Minnesota lawmakers are considering a proposed bill that would require all divorcing couples who have children under the age of 18 to take parenting classes.
Calculating child support in Minnesota: part two
In our post last week we discussed some of the basic laws governing child support in Minnesota, focusing on the three different types of child support: basic support, medical support and child care support. All of these are meant to help ensure that both parents take responsibility for the financial support and care of their child, when possible.
Minnesota state law provides guidelines and regulations for determining what kind and what amount of child support is appropriate in cases of divorce involving children. While it may seem like a complicated process, it is usually quite straightforward.
Calculating child support in Minnesota: part one
When a child has unmarried parents, whether they were born to an unmarried couple or their parents are seeking a divorce, Minnesota law holds both parents responsible for making sure the child is taken care of financially. The law assumes that the custodial parent - the one who lives with the child - provides for their basic needs on an everyday basis.
The noncustodial parents is held responsible by a requirement that they pay child support, a monthly financial contribution intended to help address the child's needs and offer additional support.
HIV-positive infant at heart of Minnesota custody battle
A Minnesota family is fighting to regain the custody of their three-month-old son. After a disagreement over what treatment is appropriate for the HIV-positive infant he was taken into state custody.
The boy's mother was diagnosed as HIV-positive shortly after she was adopted from Romania as a two-year-old. After facing complications with a then-new antiretroviral drug, her parents (the boy's grandparents) took her off the medication. She soon returned to normal and, 20 years later, had a baby of her own.
An overview of divorce in Minnesota
On this Minnesota family law blog we've written about many specific issues facing divorcing couples in Minnesota, ranging from child custody to domestic violence to prenuptial agreements. And while there are a lot of details to keep track of during the process it is important not to lose sight of the basics.
Minnesota is one of many states that have a "no fault" divorce law. This means that the person seeking the divorce does not have to allege or prove fault on the part of either party. However, that person must assert an "irretrievable breakdown" of the marriage.
Make your prenup as solid as your relationship: part two
Last week we discussed some of the benefits of prenuptial agreements for couples who are planning to get married. While no pair wants to think about that possibility that their marriage may not work out, it is important to give some thought to how your financial situation would be affected should that happen.
A strong prenuptial agreement can protect both you and the person you love in case something goes awry in your marriage. Think of it as a wedding gift to your future spouse, a way of showing him or her that you care about them no matter what happens.
Make your prenup as solid as your relationship: part one
Many people think that only the rich and famous benefit from prenuptial agreements - think Kim Kardashian's short-lived union, for example. While it's true that these agreements are more common in high-asset marriages, any couple can reap the advantages of a little bit of financial planning.
A prenuptial agreement allows you and your future spouse to make sure both of you are taken care in the unpleasant event of a divorce. It also gives you an opportunity to make sure your financial interests are protected no matter what happens to your marriage. However, not every prenup is enforceable and some may be the subject of litigation.
