Posts By: Gerald Williams

New Law Regarding Tax Dependency Exemptions

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Minnesota Statute Section 518A.38 has a new subdivision; one pertaining to income tax dependency exemptions. “Income tax dependency exemptions. (a) The court may allocate income tax dependency exemptions for a child and require a party who has the child in the party’s physical custody for more than one-half of the calendar year to provide a… Read more »

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New Best Interest Factors Signed Into Law

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The Minnesota legislature handed a bill to Governor Dayton, which he signed on May 15, 2015, which promulgates new best interest factors for family courts to consider in child custody proceedings. They are as follows: (1) a child’s physical, emotional, cultural, spiritual, and other needs, and the effect of the proposed arrangements on the child’s needs… Read more »

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Should Minnesota Change How Child Support is Calculated?

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There is change in the air, as it pertains to calculating child support in Minnesota. Currently, child support is calculated based upon the combined income of two parents, and a computation of fixed child support based upon each parent’s share of combined income.  If the children reside primarily with one parent, the non-custodial parent pays… Read more »

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Irretrievable Breakdown of the Marriage

Posted by & filed under Divorce, General Family Law.

When petitioning for a divorce in Minnesota, the requesting party must assert under oath that there has been an “irretrievable breakdown of the marriage.”  That is to say, the marriage cannot be saved. There is no need for both spouses to make this assertion; the law requires only one spouse’s claim that the marriage cannot… Read more »

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Moving the Children Within the State

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Previous posts have addressed the issue of moving minor children outside of Minnesota, which requires either the consent of the other parent or permission of the family court.  That rule suggests that a parent residing with children in the Twin Cities can move the children to Warroad, Thief River Falls, or Duluth without consent or… Read more »

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Family Courts Are Not Fulfilling ICMC Timing Goals

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When a marriage dissolution case is first filed with the court, most metro area Minnesota courts schedule the case for an Initial Case Management Conference (ICMC).  This is a non-contested, non-litigious step in the process that gives the parties an opportunity to meet with a family court judge or referee – in most cases, the… Read more »

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Divorce Using Paralegal Service Lacks Cost-Benefit

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When someone (or some couple) is getting divorced, and has no disputes, the case often is suited for being drafted up by a paralegal service.  Divorce paralegal services tend to be low-cost, but are able to complete the divorce paperwork in a professional manner, so it appears to be a good combination. The problem is,… Read more »

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Same Sex Marriage and the Residence Requirement

Posted by & filed under Same Sex Divorce.

In order to have standing to proceed with a marriage dissolution in Minnesota, the petitioning party must have resided (or been domiciled) in Minnesota for at least 180 days.  When gay marriage was legalized in Minnesota, however, a new exception to that rule emerged.  The reason for the exception is the fact that there are… Read more »

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Divorce Corp. Review

Posted by & filed under Divorce, General Family Law.

The point of going to see a documentary at a movie theatre is to blend entertainment with getting some insight into the documentary’s topic, right?  Divorce Corp. is neither entertaining nor insightful.  But it probably is not surprising to hear me express that point of view, since Divorce Corp. is meant to be an exposé of the… Read more »

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