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June 2016 Archives

When can a Minnesota spouse seek a protective order?

Divorce proceedings can bring out some very ugly behavior in some people. Unfortunately, it is not uncommon for a spouse or ex-spouse to threaten or inflict physical violence on the other party. In a child custody dispute, a party may threaten to harm or abduct the children. If this occurs, the victim has important rights under Minnesota law.

Courts may consider potential income when setting child support

Minnesota child support is calculated using guidelines that take into consideration the income of both parents. But what if an obligated parent is voluntarily underemployed, unemployed or working part-time? What if there is no clear evidence of the obligated parent's income? In these situations the court must calculate child support based on the parent's potential income.

A high asset divorce presents special challenges

Divorce is never easy. But, a high asset divorce can be particularly complex. It can also be intimidating for a spouse who earned less than their partner but made substantial non-monetary contributions to the marriage. Many spouses in this situation fear losing the financial security they had during the marriage.

Are visitation rights limited to parents?

Issues relating to Minnesota child custody are not limited to the rights of the parents. Several laws govern possible visitation rights for other individuals. For example, when a child's parent has died, the grandparents or great-grandparents on the side of the deceased parent may also seek reasonable visitation rights.

Social Security: collecting spousal benefits after a divorce

When Minnesota couples divorce, getting a fair division of the couple's retirement accounts is often an issue. But retirement savings are not limited to the funds in an IRA or 401(k) account. There is also Social Security, and many people may be surprised to learn that after divorce, a spouse can collect Social Security retirement and disability benefits based on his or her ex-spouse's work history.

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