Category Archives for Family Law
Accidents and Personal Injury
When you have been hurt in an accident, life can be overwhelming. You probably have medical bills. You may have a damaged car, truck, or motorcycle. You might miss work because of your injury. The stress, anxiety, and pain may also affect your performance at work, relationships at home, and other lifestyle activities. Sadly, insurance […]
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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. […]
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Surviving 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 reading Overview 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 reading How 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 reading Not 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 reading Victim 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 reading Victim 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 reading Domestic 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 reading Minnesota 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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Minnesota Appellate Court Divorce Mediation
The Minnesota Court of Appeals is currently operating a pilot project for appellate mediation in family law cases. The pilot program, which began in September 2008, is designed with the goal of decreasing the conflict levels for families, decreasing the costs to litigants and the court, and increasing efficiency and litigation satisfaction. The process is […]
Continue reading Emancipation of a Minor
“Emancipation” means that a minor has the same legal rights and obligations as an 18-year-old adult. It can also be “partial, conditional … or limited as to time or purpose.” Sonnenberg v. County of Hennepin, 99 N.W.2d 444, 447-448 (Minn. 1959). A minor can be emancipated by a legal marriage or by parental consent. Lundstrom […]
Continue reading Minnesota Adoption Basics | Adopting in MN
Required Consents An individual over 14 years of age may be adopted only if she or he consents. Minn. Stat. § 259.24, subd. 3 If an unmarried parent under age 18 wants to place a child for adoption, he or she must be offered consultation with an attorney, clergy, or physician before consenting to the […]
Continue reading Minnesota Child Support Basics
All Parents If a parent consents to have a child reside with an individual or entity other than the parent, or if the child does so by court order, the parent can be required to pay support for the child. Minn. Stat. § 256.87, subd. 5 A parent who is financially able to support a […]
Continue reading Youth and the Law in Minnesota
Minnesota law makes many distinctions between the rights and responsibilities of adults and young persons. Part 1 describes the major statutory and case law that differentiates between youths and adults. These provisions are divided into the areas of economic regulations, education, family relations, health and social services, motor vehicles, and criminal law. There is a […]
Continue reading Minnesota Minors | Property Rights of Children and Teens
The following laws apply to minors in Minnesota. The following information and education, but is not legal advice. When faced with a legal issues, you should talk with an attorney. Control of a Minor’s Earnings or Property Minor’s Contracts A parent or guardian may claim a minor’s wages by notifying the minor’s employer. Otherwise, the […]
Continue reading How Self-Employment or Business Income Affects Child Support in MN
INCOME FROM SELF-EMPLOYMENT OR OPERATION OF A BUSINESS One of the most complicated tasks in calculating child support involves computing income when one of the parents is self-employed. In these types of situations, a different formula is used to determine a parent’s income for child support purposes. Income from self-employment or operation of a business, […]
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Division of Marital Property
Division of Property After a Divorce A major source of confusion for many family law clients concerns the division of marital assets. A frequent question arises when one spouse claims that the other spouse is not entitled to be awarded a specific piece of property simply because the property is titled in only one spouse’s […]
Continue reading Divorce: What Are My Rights Before It Is Final?
Many people wonder what laws or rules govern the relationship between the parties once a divorce action is commenced by service of the Summons and Petition, but before the final divorce decree is entered. To many parties, it may seem as though they are “limbo land” mentally and emotionally until the divorce is finalized, but […]
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Grandparent Visitation in Minnesota
I sometimes receive questions regarding what rights, if any, grandparents have with respect to visitation with their grandchild. For example, when a parent dies, some grandparents worry that they will not have an opportunity to establish a meaningful relationship (or any relationship at all) with their grandchild because their surviving son-in-law or daughter-in-law may prevent […]
Continue readingViolations of Parenting Time Provisions in an Existing Court Order
Children Playing by USAG- Humphreys Introduction In my experience, once a court order addressing custody and parenting time is in place, it seems that it is only a matter of time before I get a phone call from a client or a potential client wondering what action he or she can take because the other […]
Continue reading Miscellaneous Issues Surrounding Domestic Abuse in Minnesota
Insurance practices It is an unfair method of competition and an unfair and deceptive act or practice to refuse to offer, sell, or renew coverage, limit coverage, or charge a rate different from that normally charged for the same coverage under a life insurance policy or health plan because the applicant who is also the […]
Continue reading Data Issues | Minnesota Domestic Abuse
Data on Domestic Abuse Act petitions All data collected, created, received, or maintained by law enforcement agencies and courts under the Domestic Abuse Act is confidential until the temporary OFP is executed or served on the respondent/data subject. Minn. Stat. § 13.80. Data collected in domestic abuse investigation The report that is prepared as part […]
Continue reading Domestic Abuse Criminal Justice System Improvement
Photos attached to OFPs and no-contact orders OFPs and no-contact orders must be included in the criminal justice data communications network. (The data network enables criminal justice agencies to share criminal justice information.) In addition, a no-contact order must be accompanied by an offender’s photograph to aid in the enforcement of the order. Minn. Stat. […]
Continue reading Child Protection Issues Stemming From Domestic Abuse
Custody and Visitation Marriage dissolution petition A petition for dissolution of marriage or legal separation must allege whether an OFP that governs the parties or a party and a minor child of the parties is in effect and, if so, the district court or similar jurisdiction in which it was entered. Minn. Stat. § 518.10. […]
Continue reading Educational and Other Programming | Minnesota Domestic Abuse
Judicial education The Minnesota Supreme Court’s judicial education program must include ongoing training for judges on domestic abuse, harassment, stalking, child and adolescent sexual abuse, and related civil and criminal court issues. The program must include education on the impacts of domestic abuse and domestic abuse allegations on children and the importance of considering these […]
Continue reading Battered Women’s Programs in Minnesota
Battered Women Advisory Council The Battered Women Advisory Council is a 12-member advisory council that advises the Commissioner of Corrections on the implementation and continued operation of matters related to battered women and domestic abuse victims. This council also serves as a liaison between the commissioner and organizations that provide services to battered women and […]
Continue reading Funding Provisions | Minnesota Domestic Abuse Law
Funding for battered women’s shelters and services Battered women’s shelters and services receive funding through the collection of fines. Courts are required to collect fines under the criminal code and to forward 70 percent of each mandatory minimum fine collected to a local victim assistance program that provides services locally in the county in which […]
Continue reading Payment and Enforcement of Child Support in Minnesota
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 […]
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