Posts Categorized: General Family Law

New Law Regarding Tax Dependency Exemptions

Posted by & filed under Child support, General Family Law.

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 »

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 »

Family Courts Are Not Fulfilling ICMC Timing Goals

Posted by & filed under General Family Law.

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 »

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 »

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 »