Posts By: Gerald Williams

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 »

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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 »

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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 »

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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 »

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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 »

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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 »

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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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