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Category Archives for Family Law
Beware the Karon Clause! Karon Waivers and Spousal Maintenance
2014 Update on Karon Waivers and Spousal Maintenance When divorcing spouses enter into a spousal maintenance agreement, they often include a “Karon waver.” However, many Karon waivers do not include language required by Minnesota Statutes and Minnesota case law. As a result, these Karon waivers are not enforceable. The article below was written by Steven P. […]
Continue readingSurviving Divorce Court in Minnesota
Divorce attorneys understand that you are going through one of the most difficult times in your life and recognize that the best divorce attorney is more than a legal actor. A successful divorce attorney seeks to understand your particular goals, be sensitive to unique circumstances, and takes care of the legal pain, so you can […]
Continue readingOverview of Restraining Orders (Stay Away Orders)
What is a Restraining Order? There are three (3) types of restraining orders: Orders for Protection (OFPs) Harassment Restraining Orders (HROs) Domestic Abuse No Contact Order (DANCOs) Each of these provides generally the same protections, where they differ is in there applicability to a specific situation. Let us break them down on an individual basis. […]
Continue readingHow to Reduce (Reducing) Child Support in Minnesota
When parents with children get divorced, the child support that is ordered by the court for one of the parents to pay is based off the number of children at that time and the monthly income of the parent paying the support. Sometimes, though, the parent paying child support loses his or her job or […]
Continue readingNot Getting Child Support Payments? Nonpayment Penalties in MN
Missed Child Support Payments An obligor must report a change in income or job to the Child Support Officer within ten days. Unless the obligor gets a new court order modifying the existing child support order, the payments will build up. The obligor who misses payments will be subject to the following penalties or garnishments: […]
Continue readingVictim Safety & Funding in Minnesota Domestic Violence Cases
Need Help? Minnesota Domestic Violence Crisis Line: 1-866-223-1111 Minnesota Domestic Abuse Project: 612-874-7063 National Domestic Abuse Hotline: 1-800-799-7233 Safety Provisions: Electronic Monitoring to Protect Domestic Abuse Victims Courts may not order an offender convicted of a designated crime against a family or household member, as a condition of a stay of imposition or execution of […]
Continue readingVictim Notice Requirements in Minnesota Domestic Violence Cases
Notice to Victim that Assistance is Available to Victims of Domestic Violence 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 […]
Continue readingDomestic Violence Order for Protection in Minnesota
Application of Order for Protection in the State of Minnesota An Order for Protection (OFP) granted under the Minnesota Domestic Abuse Act applies within the entire state of Minnesota. Also, according to the United States’ Violence Against Women Act of 1994 (federal law), an OFP is recognizable and enforceable in all fifty states of the […]
Continue readingMinnesota Domestic Abuse Act and Available Relief
Petitioning for Relief in Minnesota A petition for relief under the Minnesota Domestic Abuse Act is called a “Petition for an Order for Protection” (or “Petition for an OFP”) in cases of domestic abuse occurring in Minnesota. It is important to remember that a petition for relief from domestic violence or domestic abuse may be […]
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Emancipation in Minnesota: Laws on Leaving Home
NOTICE: I do not practice in this area. To find an emancipation attorney, you can contact one of these organizations: Children’s Law Center of Minnesota Mid-Minnesota Legal Aid Youth Law Project: 612-334-5970 Leadership of Children and the Law Section, Minnesota State Bar Association Let’s face it—many adults make terrible parents. Sometimes, a teenager would be […]
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