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Maple Grove Family Law Blog

Can a parent unreasonably restrict parenting time in Minnesota?

When a couple decides to end their marriage, it is rarely an easy decision. If there are children involved, emotions can run even higher and the divorcing couple must figure out a way to end their legal marriage and maintain their biological relationship with their children. Child custody therefore can often be the most contentious aspect of divorce.

Minnesota differs from many states in the way it deals with parenting time. Firstly, as per the Minnesota Statutes, the court has to grant parenting time that will allow the parent and the child to maintain a relationship that is in the best interests of the child. To this end, the statute further goes on to stipulate a rebuttal presumptive minimum for parenting time - where there is no evidence provided to the contrary, a parent is entitled to receive at least 25 percent of the parenting time for the child.

How is COLA dealt with in a Minnesota child support case?

Minnesotans who are paying or receiving child support must be aware of various aspects of the payments. When the decision is made as to how much will be paid, a frequently forgotten issue is how changes to the cost of living will be dealt with. There are inevitable changes to how much it costs to pay for everyday expenses and child support is adjusted based on that. Knowing how this is done is essential.

Most orders for child support are adjusted every two years based on the cost of living increases, alternatively known as cost of living adjustment (COLA). The court order for child support will say how much this adjustment will be. A COLA increase will often not have an automatic escalator unless there is county child support office involvement in the collection of support.

Equitable distribution in Minnesota

For Minnesota residents who are about to enter into a divorce, there are many questions that may weigh heavy on their minds. For some, it is important that they obtain spousal support, so that they can continue to enjoy the same quality of life they were accustomed to before giving up a career to raise the family. For others, it may be important to ensure that child custody cases play out a certain way so that the best interests of the child are protected.

Many, too, have certain desires when it comes to how property is to be divided in divorce. There are many assets that a soon to be divorced spouse may not wish to part with. These can include anything from the family house to a car or even a boat. Understanding the laws involved in property division can help these divorcing spouses decide how to best proceed.

Prenuptial agreements can be difficult

Minnesota residents may remember a recent blog in which the ways prenuptial agreements can help were discussed. However, as with anything in life, nothing is ever truly all positive. Prenuptial agreements, like anything else, can have their downsides. Of course, there are many ways in which prenuptial agreements can offer valuable protections for soon to be married couples who want to protect their assets. But sometimes, couples may want to look at the potential cons before signing an agreement.

One of the more obvious cons is one that may not seem serious, but it can weigh heavy on the minds of soon to be married couples. Prenuptial agreements, to some, may not seem like the most romantic gesture -- and this is understandable. As much as prenuptial agreements are a prudent measure that offer couples many protections, they also go against many of the romantic notions that couples may have. However, some couples may find that a quick conversation can help them move past these issues.

Who is entitled to spousal support?

Divorce involves many different elements and every divorce case is different. Minnesota residents who are going through a divorce have a lot to think about. After all, life before and after divorce can look very different. Sometimes, it can be an adjustment returning to life as a single person. Plus, there are many other day-to-day changes that can take a while to get used to.

One of the biggest adjustments a divorcing spouse may have to face is reentering the workforce. For stay-at-home parents, this can be particularly difficult. A parent may have decided to stay home and raise the children, thereby sacrificing a career. And the longer a parent has been out of the workforce, the more challenging it can be to reenter.

Types of child custody in Minnesota

When it comes to divorce in Minnesota, there are many issues that may weigh heavy on the minds of separating spouses. Property division issues, such as who will get to keep the house, car or cabin, can play a big role. Alimony can also be another source of contention with regards to whether or not alimony is appropriate, and how much is owed. But of all the divorce issues divorcing parents face, those involving children are usually the most important.

Of course, the best interests of the child are always at the forefront of any divorce decisions. However, there is not always agreement on what is meant by the best interests of the child. And, of course, there is no one size fits all solution. However, there are only two types of child custody to consider, even though the specifics of each situation can get complicated.

Why would a couple want to create a prenuptial agreement?

Minnesota residents who are going to get married have a lot to think about. One consideration is whether or not to sign a prenuptial agreement. For some, the thought of signing a prenuptial agreement is unromantic. Others may be confused about the specifics of prenuptial agreements -- the ways they can be used, their benefits and the legalities surrounding them. However, once they learn a little more, couples may find that prenuptial agreements can be a pragmatic, practical choice.

One of the biggest reasons couples choose to sign prenuptial agreements is to protect marital assets. A prenuptial agreement can protect marital assets in a number of ways. First, it can prevent one spouse from passing debts on to the other. It can also outline the financial rights and responsibilities the spouses will have during marriage.

What are the issues involved in divorce?

Minnesota residents may be unclear on some of the elements involved in divorce. Every divorce is unique, and some issues that affect one divorce may not play a part in the other. Plus, most divorcing couples have goals that are unique to their situation. Depending on the specifics of the situation, there may be legal intricacies that could alter the course of a divorce. Attorneys are available to help divorcing couples decide on a plan of action that is right for them.

One of the most common divorce issues is property division. Property division may seem pretty straightforward -- it involves the division of marital assets. However, there are a number of legal complications that can arise, and it is not always so simple. Sometimes, too, spouses may wish to fight for certain assets that have sentimental value for them.

Why second marriages are more likely to end in divorce

Studies show that second marriages are even more likely to end in divorce than first marriages. While some of the reasons may seem a bit obvious, other reasons for this may surprise you. Many people could see that the initial "fear factor" of actually taking the step to a divorce is less intimidating once it has been done already. If a spouse has experienced divorce before, the spouse already knows what it takes and how refreshing it can be to get out of an unhealthy relationship, even if it means ending another marriage.

In many instances, the relationship that leads to the second marriage begins before the original marriage has ended. This may lead to trust issues down the line. If one spouse has already been unfaithful, there may be a lingering doubt in the new marriage.

Child support covers more than you may think

When one parent is granted custody of a child, it is not uncommon for the courts to award child support to be paid by the noncustodial parent. Considering that the custodial parent has the responsibility of caring for the child, it is generally understood that the parent will have less time available to work, and hence may be at a financial disadvantage over the non-custodial parent. So what child support cover?

It is commonly believed that child support should cover the basics, a child's necessities and general cost of living expenses such as food, clothing and shelter. But in the United States, including the Twin Cities region, there are many more expenses that parents go through to assure that a child lives a healthy and happy upbringing.

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