Posts By: Gerald Williams

New Legislation Has Revised Typical Expectation of Parental Income

Posted by & filed under Child support.

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 »

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

Posted by & filed under Uncategorized.

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 »

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New Child Custody Factors Signals New Perspective

Posted by & filed under Uncategorized.

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 »

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Where the Children Should Go to School – Part 2

Posted by & filed under Custody.

Hard to believe it’s been seven years since I blogged about this last.  Not much has changed on the subject in seven years, but there are trends that have become more common in practice over time. As mentioned previously, the decision about where children will attend school tends to lean in favor of where the… Read more »

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New Best Interest Factors Signed Into Law

Posted by & filed under Custody.

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?

Posted by & filed under Child support.

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 Children Within the State

Posted by & filed under Custody.

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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