Beware the Karon Clause! Karon Waivers and Spousal Maintenance

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….

Overview of Restraining Orders (Stay Away Orders)

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….

Not Getting Child Support Payments? Nonpayment Penalties in MN

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:…

Victim Safety & Funding in Minnesota Domestic Violence Cases

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…

Victim Notice Requirements in Minnesota Domestic Violence Cases

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…

Domestic Violence Order for Protection in Minnesota

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…

Minnesota Domestic Abuse Act and Available Relief

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…

Emancipation in Minnesota: Laws on Leaving Home

Emancipation in Minnesota: Laws on Leaving Home

I do not practice in this area. To find an emancipation attorney, you can contact either of these organizations: Youth Law Project at Mid-Minnesota Legal Aid 612-332-1441 [email protected] Tubman 612.825.0000 (24-hour hotline) Let’s face it—many adults make terrible parents. Sometimes, a teenager would be better off without the harmful, toxic involvement of his or her…

Minnesota Appellate Court Divorce Mediation

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…

Emancipation of a Minor

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…

Youth and the Law in Minnesota

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…

Minnesota Minors | Property Rights of Children and Teens

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…

How Self-Employment or Business Income Affects Child Support in MN

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,…

Divorce: What Are My Rights Before It Is Final?

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…

Grandparent Visitation in Minnesota

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…

Violations 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…

Miscellaneous Issues Surrounding Domestic Abuse in Minnesota

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…

Data Issues | Minnesota Domestic Abuse

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…

Domestic Abuse Criminal Justice System Improvement

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….

Child Protection Issues Stemming From Domestic Abuse

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….

Educational and Other Programming | Minnesota Domestic Abuse

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…

Battered Women’s Programs in Minnesota

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…

Funding Provisions | Minnesota Domestic Abuse Law

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…

Payment and Enforcement of Child Support in Minnesota

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…