Contempt in Minnesota: Consequences of Ignoring Court Orders

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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 »

When And How Can A Spousal Maintenance Award Be Modified?

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Mar 12
maintenance

Once an award of spousal maintenance (alimony) is ordered by the court, it may be modified if certain criteria are met. In order to modify and award of alimony, the party seeking modification obtains a court date and serves and files motion papers. Keep in mind that the modification, if granted, is usually only retroactive to the date that the motion papers are served on the other side. For that reason, it is important to obtain legal assistance at the earliest possible time, rather than allowing arrears to build up, if you are unable to afford the maintenance obligation as ordered. Any of the following provide a basis for the judge to modify an existing alimony « Continue »

Podcast: Spousal Maintenance: Factors Considered By The Court

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Nov 13
alim

The Family Law Show returns with an overview of spousal maintenance (alimony) awards under Minnesota law. Alimony is an emotionally-charged issue, with significant financial implications for both parties. The spouse asked to pay rarely wants to, while the spouse asking for support usually needs it. What is the Court going to do? Topics discussed in this podcast include the role fault plays in an alimony award, the factors the court will examine in determining how much alimony is appropriate, the factors the court will examine in determining how long alimony should be paid, and the tax implications of spousal maintenance payments. Run Time: 13:18 « Continue »

Judge Stephen Halsey’s Minnesota Family Law Blog Highlights Alimony Award In Light Of Non-Marital Pension Benefit

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Nov 12
alim

In December of 2009, Minnesota Judge Stephen Halsey (chambered in Wright County) launched his Minnesota Family Law Issues Blog, a terrific resource for both lawyers and litigants. As I understand, Judge Halsey's blog is the first of it's kind in Minnesota (from the judiciary). His unique perspective provides an interesting addition to the exchange of family law information online - including podcasts. Judge Halsey's post entitled Post-Decree Modification of Maintenance: Pension as Income or Property caught my attention as I was reviewing the posts of others today. Judge Halsey writes: A recent unpublished Court of Appeals decision, Hemp, 2010 WL 1657024, is worthy of « Continue »

How Does The Court Determine An Appropriate Amount Of Alimony?

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Mar 12
ali

Spousal maintenance, formerly known as alimony, is one of the more difficult issues to tackle during the dissolution process.  With the exception of child custody, no other issue is as personal or emotionally charged to divorce litigants. It is quite difficult to predict exactly how much spousal maintenance the court will award a particular party.  The court will examine a host of factors, and each play a part in the decision-making process.  For that reason, alimony is decided on a case-by-case basis. The court will examine the standard of living established during the marriage.  Based upon that standard, it will take into account the anticipated ongoing monthly expenses of « 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 »

View From The Bench: Minnesota Family Law Judges Offer Suggestions To Litigants

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Apr 12
jud

The Minnesota Judicial Branch has published an exceptional brochure entitled "From the Judges of Family Court: What to Expect...Divorce in Minnesota." In reviewing, it appears to serve as a "reality check" for the litigants. Much of it we endorse. Here is some of what the Court has to say: A divorce can be a painful and difficult experience, but if you understand the functions and limitations of the legal system, the process becomes less frustrating. It is our hope, as Judges of Family Court, that this pamphlet will give you a better understanding of the process, and help you get through your divorce with realistic ideas and goals. Limitations Minnesota’s divorce system is « Continue »

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