When And How Can A Spousal Maintenance Award Be Modified?

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 … Read More

Podcast: Spousal Maintenance: Factors Considered By The Court

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 … Read More

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

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 … Read More

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

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. … Read More