Posts By: Gerald Williams

The Uncontested Divorce – Part 4 (Spousal Maintenance)

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Most uncontested divorces are not long on duration.  Less time married means less time to accumulate assets, debts and stuff (not to mention children).  Therefore, there are less potential issues to cause disputes if the marriage ends.  Conversely, most contested divorces involve long-term marriages; the long time spent together can make the break-up complicated and difficult…. Read more »

The Uncontested Divorce – Part 3 (Child Support)

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A divorce case involving minor children is less likely to be uncontested that a case involving no minor children.  As mentioned in an earlier post, as it pertains to the issue of child support, a case cannot be uncontested unless (1) there are no minor children; or (2) the parties are in agreement that no child… Read more »

The Uncontested Divorce – Part 2 (Children)

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Children As mentioned in Part One, if the parties in a marriage dissolution are not childless (or child-free, as some people say), then either one of the parents has to have literally no demands to make pertaining to the parenting plan; or both parents need to be extremely flexible and to respect the other parent’s time and relationship with the child(ren). I am… Read more »

The Uncontested Divorce – Part 1

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When someone calls a lawyer to proceed with an uncontested divorce, unfortunately they are often not correct in identifying the case as uncontested.  As in, an uncontested case, from start to finish.  Commonly, the person’s description is based upon the couple having not yet discussed the terms of the divorce, and the person’s assumption (and hope) that… Read more »

In the Matter of Oberg v. Bradley

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(Filed August 3, 2015) (Court of Appeals) Respondent Mother obtained an Order for Protection against Appellant Father from the district court on behalf of the parties’ minor son after the district court admitted the son’s out-of-court statements. Appellant sought review for violating his right to due process because he did not have adequate notice that… Read more »

In the Matter of Dakota County and Floding v. Gillespie

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(Filed July 22, 2015) (Supreme Court) Appellant Mother, who was receiving child support from Respondent Father, began receiving Social Security dependent benefits upon Respondent’s retirement. The child support magistrate granted Respondent’s motion for modification, offsetting his obligation by the dependent benefits received. The district court clarified the magistrate order to expressly provide for benefits already… Read more »

Possible Changes to Child Support Guidelines

Posted by & filed under Child support.

There are two bills that have been introduced in the Minnesota Legislature.  One would establish a permanent advisory committee on child support guidelines. The other one is a bigger substantive change.  Child support would be calculated based on the income shares of the parents, like it is now.  But the parenting expense adjustment would be… Read more »

New Legislation Has Revised Typical Expectation of Parental Income

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The Minnesota legislature recently amended the statute that courts use when imputing income to parents. Minn. Stat. Section 518A.32, sub. 2(3) now provides for considering “the amount of income a parent could earn working 30 hours per week at 100 percent of the current federal or state minimum wage, whichever is higher.”  Previously the statute… Read more »

Early Neutral Evaluation – Is Joint Physical Custody More or Less Likely?

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A colleague of mine recently expressed her belief that custody neutrals conducting Early Neutral Evaluations are almost uniformly recommending joint physical custody. Early Neutral Evaluation (ENE) is the process in which a team of two neutrals (one man, one woman – to avoid gender inequality) works with a divorcing or separating set of parents to… Read more »

New Child Custody Factors Signals New Perspective

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When the statutory factors to be considered in child custody cases were revised by the Minnesota Legislature earlier this year, the substance of the changes did not appear to be significant.  It is interesting to consider, though, how the revised factors have changed the philosophy underlying custody determinations.  I heard a local custody professional discuss… Read more »