Posts By: Gerald Williams

Possible Legislative Change to Statutory Income Expectation

Posted by & filed under Child support, Uncategorized.

The current child support statute authorizes the family court to impose upon parents an income threshold. That is, if the parent is able to work, the court may impute income to that parent in the amount of 150% of minimum wage, assuming 40 hours per week of employment. Child support is supposed to be calculated… Read more »

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Moving the Children Within the State

Posted by & filed under Uncategorized.

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

Posted by & filed under Uncategorized.

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

Posted by & filed under Uncategorized.

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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Child-Inclusive Mediation

Posted by & filed under Custody, General Family Law.

As an attorney, I have been involved in countless parenting disputes, mediations and evaluations in which the issue of a child’s preference is considered, or ruled out, as a factor.  The Minnesota custody statute sets forth the child’s preference as a factor to be considered, “if the court deems the child to be of sufficient… Read more »

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Child Support is for Children’s Expenses

Posted by & filed under Child support, Custody, Parenting Time.

When child support is calculated in accord with the guidelines of Minnesota statutes, both parents’ incomes are considered.  The statute provides a table for the basic amount of support that children need, based upon the combined income of the child’s two parents. When the parents have equal, or nearly equal, parenting time, the amount of… Read more »

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