Contempt in Minnesota: Consequences of Ignoring Court Orders

By Leave a Comment
Nov 29
ajil

The court is responsible for controlling the conduct that occurs within its doors, but also has to deal with issues outside of the courtroom when it comes to family matters. It is typical for a contempt motion to be made in a family law case when one party has violated an order of the court, such as an order to pay child support, spousal maintenance, or a parenting time arrangement. The contempt rules are rather strict, in an effort to motivate individuals to comply with court orders. A particular action (or inaction) may constitute contempt if the following criteria are met: The court must have jurisdiction over the case in order to file a motion; and It must be properly « Continue »

The Parties, The Lawyers, The Judge And Uncle Sam: The Key Players In Most Divorces

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May 18
tax

Many divorces involve alimony, child support and the division of assets - all of which involve taxation issues. Litigants tend to overlook the impact that these provisions will have on their taxes. As lawyers, however, we consistently take the tax consequences into account in determining what is fair and equitable under the circumstances. Alimony payments are considered income for the person to whom the payments are made, and are deductible to the person who's making the payments. If the parties are in different tax brackets, the government may wind up subsidizing part of the alimony payment. In contrast to alimony, child support payments are not considered as income to the « Continue »

What Is An FENE…And Why Do They Work?

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Apr 20
dolla

More and more Minnesota counties are providing divorce litigants with an opportunity to resolve their financial issues through a process known as "Financial Early Neutral Evaluation." Settlement success rates in the FENE model are astonishing - as high as 75% in some jurisdictions. An FENE involves a half-day session (or two, or three, or four) with a court-appointed neutral. This neutral typically is an experienced family law attorney, or a CPA familiar with the financial issues involved in a divorce. The parties, and their lawyers, sit down with the evaluator very early in the case - in an effort to catch people before they become too embroiled in conflict, or stuck in their « Continue »

Harrison & Hannah: Two With An Interest In Taxation

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Apr 11
tx

Tax season is in full swing. Thanks to Jeanne Hannah, Michigan divorce lawyer, for her summary of the IRS tax resourcesthat may be of interest to current, and former, divorce litigants. Hannah's recent post provides links to the IRS forms and publications that address an individual's filing status, exemptions, tax interceptions and claims for innocent spouse relief: IRS Publication 504: Divorced or Separated Individuals; IRS Form 8379: Injured Spouse Allocation (Tax Interception); IRS Publication 971: Innocent Spouse Relief; IRS Form 8857: Innocent Spouse Relief; IRS Publication 501: Exemptions and Standard Deductions; IRS Publication 544: Sale and Disposition of « Continue »

Podcast: Navigating Minnesota’s Child Support Maze

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Jan 13
ben

The Family Law Show is back with an easy-to-understand summary of Minnesota's child support laws. Of the issues involved in a divorce, child support is the most black and white. That is not to say, however, that there are no shades of gray. Topics addressed in this podcast include basic child support, medical support and childcare support, the modification of child support, the relationship between parenting time and child support offsets, and how to calculate the appropriate level of income in child support situtations. Run Time: 10:18 « Continue »

Minnesota Child Support In A Nutshell

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Feb 12
nuts

In January of 2007 the Minnesota child support guidelines underwent significant changes. Prior to the enactment of the present legislation found in Minnesota Statutes Section 518A, child support was based soley on the income of the obligor (the paying parent). Today, child support is based upon the relative income of both the obligor and obligee (the receiving parent), taking into account the nature of the physical custody of the minor children of the parties. The intent of the legislature was to enact guidelines that strike a balance in the income of each parent, the time each parent spends with the children and expenses non-custodial parents incur during their parenting time. Child « Continue »

New Child Support Guidelines Still Not Satisfying Many

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Jan 12
guid

The Minneapolis Star Tribune recently published an article about the Minnesota child support guidelines that were amended as of January 1, 2007. Seems no one is happy with what was sold as a more equitable approach to calculating child support, despite the legislature's goal of reducing acrimony among split parents. Reporter Jean Hopfensperger provides examples of mothers who are upset about the reduction in support received and writes that that "Fathers' rights groups say orders still are set too high and the formula is based on unrealistic child-rearing expenses." Unlike the old child support guidelines that looked only at the net income of the paying parent, the new « Continue »

Can My Spouse And I Deviate From The Minnesota Child Support Guidelines By Agreement?

By Leave a Comment
Oct 12
devo

Many couples question whether they can deviate from the Minnesota child support guidelines by agreement. While the court ultimately has discretion to do so, it does not happen very often. In fact, we've had orders kicked back because our stipulated support calculation was off by as little as $5.00 per month. Courts consider child support the "child's money," and, as a result, rarely afford parents the ability to unilaterally negotiate a different figure. At the same time, however, we have successfully persuaded the courts to deviate. In considering a deviation from the child support guidelines, the court will examine factors such as: Earnings, income and resources of the « Continue »

“I’ll Quit My Job” Says My Spouse. Can They Get Out Of Paying Child Support Or Alimony To Me?

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Jul 12
spouse

The court will "impute" income if your spouse is voluntarily underemployed. Rest assured, you have nothing to fear. Let's suppose your spouse is trained as a physician and decides, for the time being, to work as a waiter at a local restaurant. The court can take an individual's education, work history, job opportunities in the local market and earnings associated with those jobs into account in calculating appropriate child or spousal support. Assuming your spouse is reasonably assured of obtaining a position as a doctor with a six-figure salary, a doctor's salary will be attributed to them. One of the more common discussions we have with new clients involves a spouse's claim (with « Continue »

How Do I Contact My Local Child Support Office?

By Leave a Comment
May 12
pho

Following the entry of a child support order, the recipient of support has the option of receiving payment directly from the payor or through collection by the county child support office. Most recipients find the services offered by their local child support collection agency very beneficial. Child support officers not only collect monthly support payments through wage withholding, but they also pursue unpaid support (arrears) with the assistance of the county attorney. The Minnesota Department of Human Services has established a link to every child support office in the State of Minnesota. Visit the link here to obtain contact information about the child support office in your county. « Continue »

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