Minnesota residents seeking a divorce may want the whole process over with as soon as possible, so they can move on with their lives. However, it is important to keep in mind that there are lot of steps in the divorce process that must be completed before the divorce can be finalized.
Sometimes, months or even years after a child support order is entered into, the financial circumstances of either the paying parent or the receiving parent have changed. For example, a parent may have lost his or her job or, on the other hand, may have seen an increase in his or her income due to a promotion or a new job. The child's financial needs may have changed too as the child grows older. For example, the child may no longer need child care during the day or the child may have incurred additional educational expenses. Whatever the reason, there are times when either the custodial parent or the noncustodial parent in Minnesota may wish to modify their current order for child support.
One hotly contested issue in many Minnesota divorces is that of spousal support -- also referred to as alimony. Some spouses may feel they shouldn't have to pay alimony, but other spouses may feel that such payments are necessary for them to get by financially. Fortunately, Minnesota statutes address the issue of alimony in a divorce.
When two parents in Minnesota are no longer in a relationship with each other, one of them will usually be required to pay child support. Once ordered to pay child support, Minnesota parents have a number of options in which child support can be paid.
Child custody in Minnesota can come in a variety of forms. Sometimes one parent has sole custody while the other parent has visitation rights. However, other times parents share joint custody, and choose to co-parent.
Over a year has past since Obergefell v. Hodges, the landmark case that made same-sex marriage legal across the nation, was made part of American law. However, same-sex couples in Minnesota may face certain issues should they decide to divorce than opposite-sex couples do not.
In the event of a divorce, one of the most important aspects that must be considered is the well-being of the couple's children. The financial security of each spouse helps immensely in ensuring their child leads a healthy and successful life. In many cases, one spouse will need the financial assistance of the other in order to provide sufficient care for their children in the form of child support.
While child support calculation in Minnesota includes things such as monthly income, child care costs and the amount of time the child resides with you, there are other elements that come into play. In general, everything that affects his or her gross income is included in the calculation for child support for a spouse. For example, the benefits for the child from Social Security of veterans' benefits, while not strictly defined as income, are included in the calculation of child support.
Last month, this blog discussed the Recognition of Parentage, which is a legal form entered into by the child's unwed parents who are not currently in a relationship with each other. The Recognition of Parentage establishes the legal relationship between the biological father and the child. A Recognition of Parentage in Minnesota does not automatically order a parent to pay child support. For that to happen, a child support order must be sought from the court.
Once a couple in Minnesota establishes a child custody order, each of them then moves on with their life, following the schedule set in the order. Yet lives change, sometimes unexpectedly. There may come a time when due to any multitude of reasons, a parent wants to modify an existing child custody order.
First, per Minnesota Statutes section 518.18, unless the parents had agreed to it in writing ahead of time, a child custody order cannot be modified sooner than 12 months after the date the divorce decree was finalized. An exception to this is if the court determines that one parent was persistently and willfully interfering with the parenting plan or if the child's current living environment puts the child's physical or mental health in danger.
Many couples in Minnesota may wed with the idea that they will be with their partner until death. However, many factors can change an individual's life until they find that staying married with their partner is simply no longer feasible. In fact, the popular notion that about half of all marriages end in divorce has seen some recent support, at least according to one recent survey. Data from a survey preformed at the University of Maryland reports that, if current trends stay the same, 52.7 percent of marriages will end in divorce.