Family Law
THIRD PARTY CUSTODY AND GRANDPARENT'S RIGHTS:
In some circumstances, the disputes may be between one (or both) of the parents and a person who is not the mother or father, of the child. In this situation, that other party is called a "Third Party." The standard to modify custody remains the same, the best interest factors, as well as whether the natural parent has abandoned the child or is in some other way unfit to parent.PRE-MARITAL (PRENUPTIAL) AGREEMENTS: A pre-marital agreement is a type of contract created by two people before entering into marriage. This contract could outline each party's responsibilities and property rights for the duration of the marriage. More commonly, pre-marital agreements outline terms and conditions associated with dividing up financial assets and responsibilities if the marriage dissolves.
SPOUSAL MAINTENANCE (ALIMONY): Spousal Maintenance is an award in a divorce proceeding ordering one party to make payments for the maintenance of the other. Spousal Maintenance is based on the standard of living during the marriage and whether or not that spouse is able to provide adequate self support through employment.
CHILD SUPPORT: Parents have a duty to provide for their children and the court enforces this duty by ordering child support payments. Child support is based on the income of both parties and the percentage of parenting time, as well as health care and child care costs. The child support calculator found on the Department of Human Services web site will be useful.
PROPERTY DIVISIONS: Minnesota is an equitable property state. The Court has the discretion to divide the property of the marriage within the limits established by statute, which is not always 50-50. Property fits into two classifications, non-marital and marital. Non-marital property is defined as property acquired prior to marriage, or property received as a gift to one spouse and not the other. Marital property is defined as all real and personal property acquired at any time during the marriage.
POST DECREE MATTERS: A party is allowed, after entry of a final decree or Order to bring a motion to the Court requesting modification or changes to the existing Order, for issues such as parenting, child custody time, child support and spousal maintenance. The standards for modification are different, depending on the issue that is requesting to be changed. In some cases, there are time limitations on bringing post decree matters before the Court, which requires knowledge of the law and is best addressed by discussing it with an attorney.
APPEALS: Appeals from family court orders and judgments and decrees are taken to the Minnesota Court of Appeals or the Minnesota Supreme Court when a party determines to petition the Supreme Court for accelerated review when there is such imperative public importance as to justify deviation from normal appellate procedure.
