Admissibility of similar conduct evidence. Evidence of similar conduct by the accused against the victim of domestic abuse, or against other family or household members, is admissible in court unless the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issue, or misleading the jury; or by considerations of undue…
Notice of assistance to victim At the time of arrest, a peace officer is required to tell a victim of domestic abuse whether a shelter or other services are available in the community and to provide the victim with notice of the legal rights and remedies available to the victim. The officer must give the…
If you own an LLC and are filling out IRS Form W-9 for the first time, you might get stuck on this section near the beginning of the form: IRS Form W-9 states “Check appropriate box for federal tax classification” and the options include: Individual/sole proprietor, C Corporation, S Corporation, Partnership, Trust/estate, Limited liability company,…
Item 21: Financial Statements Consistent with the UFOC Guidelines, the amended Rule requires franchisors to include in Item 21 copies of their financial statements audited in accordance with generally accepted accounting principals (“GAAP”) for the most recent three fiscal years to show the financial condition of the franchisor. The financial statements of franchisors that own…
Item 21: Financial Statements Consistent with the UFOC Guidelines, the amended Rule requires franchisors to include in Item 21 copies of their financial statements audited in accordance with generally accepted accounting principals (“GAAP”) for the most recent three fiscal years to show the financial condition of the franchisor. The financial statements of franchisors that own…
January 31, 2012 The Congressional Budget Office (CBO) released its projections for deficit reduction and economic recovery. Sobering report, at best, arguing for sluggish growth over the next two years. CBO claims that uninspiring economic growth will be the result of higher tax rates and curbs on spending scheduled to occur this year and especially…
How is Child Support Typically Paid? The Minnesota Child Support Payment Center, a centralized unit run by DHS, must be used to collect and disburse support payments in all IV-D cases. Again, IV-D cases include when the obligee receives or has received public assistance or when the obligor or obligee has applied for support enforcement…
A child support order amount may change through a cost-of-living adjustment (COLA) or a modification. Arrearages may also affect the monthly support payment. COLA Every child support order entered since 1983 must include a biennial COLA that is compounded. Orders entered before 1983 had to have a COLA added whenever an enforcement or modification action…
Potential income If a parent is voluntarily unemployed, underemployed, employed less than full-time, or there is no direct evidence of income, the court must calculate child support based on potential income of that parent. The court will determine potential income by imputing income based on the parent’s probable earnings based on employment potential, recent work…
Employer group health plans are also subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).203 HIPAA Portability Requirements HIPAA’s portability, special enrollment, pre-existing condition exclusions restrictions, and nondiscrimination requirements apply generally to group health plans. HIPAA prohibits group health plans from discriminating against employees based on their health status and grants certain…
Basic child support is calculated based on the combined gross income of both parents and is allocated based on each parent’s proportionate share of the combined parental income for child support. Minn. Stat. § 518A.34. The parents must provide documentation of earnings and income at the time they file their initial pleadings or motion documents….
The court must allocate work- and education-related child care costs to each parent in proportion to the parent’s combined parental income for child support (PICS). The costs will be adjusted by the estimated federal and state child care credits. If the obligor meets the income eligibility requirements for basic sliding fee child care, the court…
Medical support means providing appropriate health care coverage for the child, a cash contribution to reimburse for the cost of health care coverage or public coverage, or payment of the child’s uninsured and unreimbursed health care expenses. The court must determine whether a parent has appropriate health care coverage for the child. In making this…
What does the child support include? A monetary amount for the care, support, and education of the child, commonly referred to as “child support” or “basic support” Medical support Work- or education-related child care costs of the obligee, commonly referred to as “child care support” Support arrears or reimbursement of public assistance payments already made…
As previously stated, child support is ordered by a district court judge, district court referee, or child support magistrate. Child support magistrates preside over IV-D cases only (again, cases where the county is involved because the obligee receives public assistance or the obligor or obligee asks the county for child support enforcement services). Non-IV-D cases…
Because the original federal legislation on child support added a “Title IV-D” to the Social Security Act, county child support offices, which are subsidized by the federal program, are sometimes called “IV-D agencies.” Child support enforcement services provided by IV-D agencies are often referred to as “IV-D services.” Cases in which the county is a…
Each applicant pays a $25 application fee when requesting child support services from the county agency. If the applicant receives public assistance, the fee is not required. If the county provides full child support services to an obligee, the obligee will be charged a cost recovery fee of 2 percent of the amount of child…
Minnesota Child Support Orders If a married couple with minor children is divorced or obtains a legal separation, a court must enter a support order against one or both parents. If a married couple with minor children lives apart, one parent or the public authority may go to court to seek a support order against…
The legislature sets child support policy in Minnesota. This information brief provides introductory information and answers to common questions about laws on setting, modifying, paying, enforcing, and terminating child support. By providing a basic understanding of current law, it is intended to (1) help legislators answer questions from individuals affected by a child support order;…
Federal Government Minnesota Statutes have long provided for child support orders in cases where parents separate, divorce, or have never married. In 1975, the federal government also became involved in this issue. Congress enacted laws aimed at establishing uniformity and setting minimum standards in state child support enforcement systems. The goal was to reduce the…
The following information summarizes recent changes to the criminal statute of limitations. 1989–Criminal sexual conduct cases involving minors In 1989, the legislature added a unique feature to the limitations period for child sex abuse to allow prosecution long after the offense occurred if the victim did not report the offense within the usual limitations period….
Replevin is an action to return goods that are wrongfully held by another person or party.
COBRA Most group health plans and group life insurance arrangements are subject to laws requiring that continuation of coverage be offered to employees, their spouses, and their dependents if certain events occur that would otherwise cause these persons to lose their coverage under the plan (for example, the termination of a covered employee’s employment). These…
One of the main sources of confusion for many family law clients is the legal distinction between “sole” and “joint” custody and between “legal” and “physical” custody. For many people, “having custody” of a child simply refers to being the parent who is primarily responsible for raising the child. This conceptual notion typically involves a…
U.S. Department of Labor Publishes Proposed Revisions to Rules under the Family Medical Leave Act (FMLA) to Cover Military Caregivers and Airline Flight Crew Members The Family and Medical Leave Act (FMLA) was amended in 2010 to expand the military family leave provisions and to incorporate a special eligibility provision for airline flight crew employees….
Need help? Contact a criminal defense attorney. The general rule is that a statute of limitations begins to run when a crime is complete.16 A crime is complete when every element of the offense is satisfied.17 “Absent a statute providing otherwise, a period of limitation runs without interruption from the time the offense is committed…
Pretrial bail evaluation The local corrections department, or its designee, must conduct a pretrial bail evaluation of each defendant arrested and detained for committing a crime of violence, a gross misdemeanor fifth-degree assault or domestic assault crime, or a nonfelony violation of an OFP or harassment restraining order or harassment, fourth-degree assault, or fifth-degree criminal…
Each employer that offers any type of employee benefit to its employees should be familiar with its fundamental duties in establishing, administering, amending and terminating those pension and welfare benefit plans that are subject to the requirements of the Internal Revenue Code (“Code”) and the Employee Retirement Income Security Act of 1974 (“ERISA”). Each time…
Need help? Contact a criminal defense attorney. Criminal Statute of Limitations (Minn. Stat. § 628.26) Any crime resulting in the death of the victim No statute of limitation Kidnapping No statute of limitation Labor trafficking if the victim was under the age of 18 No statute of limitation Sex offense (first, second, or third degree)…
Warrantless arrest A peace officer may arrest a person anywhere without a warrant, including at the person’s residence, if the peace officer has probable cause to believe that the person has committed domestic abuse within the preceding 12 hours. The arrest may be made even though the domestic abuse did not take place in the…