Child Support: Soviet Style

Picture of Russian child support

Parenting, Soviet-Style–in the U.S. Or, how much money do you really have for child support?   If a married couple in Minnesota gets a divorce and child support is awarded, the amount awarded largely depends on the parties’ incomes.  So, say you’re a soon-to-be ex-husband and the court is awarding child support to your ex-wife.  If you want to minimize your child support obligation, what do you do?  What can you do?  You could always move to Bora Bora and change your name, but that’s not very responsible or ethical.  Perhaps a better and more appropriate way to do this …

10 Minnesota Family Law Questions With Straightforward Answers

Family Law divorce questions

10 Family Law Questions Sometimes you just want the facts, just the facts Ma’am.  And that is what this post, a down and dirty look at some very common questions (I bet I answer at least 4 of these a week on the phone!).  You won’t find any crazy long-winded answers here, just what you need to know. While it may be frustrating to ask your lawyer a series of questions only to hear “it depends” all too often in response, it’s an unavoidable fact of life (and law) that the correct answer frequently IS “it depends.”  And having your lawyer …

Can A Court Require Your Ex To Get Life Insurance After The Divorce?

Security for Minnesota spousal support awards If you have gotten divorced and been awarded spousal support (often called alimony or spousal maintenance), this is a good way of securing income to support yourself—as long as your ex is able to make the payments. What happens, however, if your ex passes away (as happy as that outcome may sound to you at times!)? The alimony payments would stop, potentially leaving you without sufficient income to live on. It’s because of this possibility that, in some circumstances, you can request the court to require that the award of spousal support be secured with a life …

Underemployed In Minnesota (For Child Support Purposes).

Underemployed for child support purposes? Imputed income in calculating Minnesota child support obligations Child support litigation may be the one time you can tell your ex that he is underperforming in terms of employment and have the legal support to back it up.  When a court makes a decision on how much child support is to be paid by a parent, the amount of child support ordered will depend on the parent’s income.  But what happens if your ex is capable of working hard but has taken an easier, less time-consuming job which pays less money?  Should your ex be rewarded …

Minnesota Child Support Order Enforcement

Having a court order for your former partner to pay child support is one thing.  Actually receiving that money from them can be a bit more challenging, however.  If your ex hasn’t kept up with his or her child support obligation, Minnesota has several different options for enforcing the order.  Which one of these will be appropriate for you will depend on how far in arrears your ex is on support and the individual facts of your situation.  The options include (but are not limited to) the following: Contempt Proceedings:  A child support agency can ask the court to find …

Modification of A Minnesota Child Support Order

So you got divorced and started paying child support to your ex.  But a few years later, you were laid off, making it difficult to pay the same amount as before.  What happens to that child support order now? Can you change it? Do you still have to pay the same amount of child support? In Minnesota, child support orders can be modified when a “substantial change” happens to make the terms of the order unreasonable and unfair.  That could be things like a big increase or decrease in the income of the person paying support, a big increase or …

When Is My Child No Longer A Child (for child support purposes)

Emancipated minors and child support obligations in Minnesota  Although your teenager may be convinced that he is no longer a child, especially when driving privileges, curfews, and house rules are at issue, you might not be so sure.  But whether or not a court would consider your child to still be a child is an important issue in the world of child support obligations, since Minnesota law provides that, absent a court order to the contrary, child support obligations terminate automatically upon emancipation of a child. What is emancipation? The automatic termination mentioned above applies to child support obligations in …

I Thought Child Support Ended At Age 18!?!?

When Does Child Support Really End? Most people are under the assumption that child support is just that, support for a child and ends when the child turns 18.  However, in Minnesota Minn. Stat. 518A.26 controls this issue and says, generally that child support will continue until 1) the child is 18 AND 2) graduates from high school or 3) if due to physical or mental disability is unable to care for themselves.  It’s this last one that is rarely even considered in Minnesota Divorce Courts, but a somewhat significant case came out last week at addresses this very topic. …