Dakota County Law Blog

A family law blog with real world legal advice

It’s something no one hopes to have happen, but the reality is that a surprising number of parents in Minnesota fall behind on child support payments at some point. While one missed payment won’t lead to something as serious as wage garnishment, those who fall farther behind may have reason to worry. To find out…

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This post will discuss jurisdiction issues in Minnesota family law.  In Minnesota, like many other states, there is a law called the Uniform Child Custody Jurisdiction Act (UCCJEA). The UCCJEA and Jurisdiction in Minnesota The UCCJEA is a federal law that has been, almost uniformly, adopted by every state in the United States.  The law governs what…

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How do courts decide child custody in a Minnesota divorce?  The standard for determining child custody in a Minnesota divorce is based on the “best interests” of the child standard. Minnesota child custody law | the “best interest” standard The law in Minnesota provides that the “best interest of the child” standard is many factored and no…

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I have many conversations with clients about how marital retirement assets are valued and divided. The law, for all intents and purposes, divides marital retirement assets at the date of marriage and then again at a valuation date during a Minnesota divorce action. The valuation date will not start until a petition for dissolution of marriage and a summons…

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Although most people are not aware of it Minnesota law grants sole legal and physical custody to the mother of children who were born-out-of-wedlock. This means that fathers who have children with a woman they are not married to have inferior legal rights to their children because they are not married. This is often very difficult information for…

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The Minnesota courts have almost purely mathematical calculation for establishing child support. Number one is that the courts takes into account gross income about the mother and the father. Gross income is based on W-2s, tax returns, or other evidence of gross yearly income. The court will sometimes take into account the last five years of gross…

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When thinking about a Dakota County divorce, people need to be aware of the law as a relates to the division of marital assets and debts. What is a good example of a divisible marital asset? In Dakota County Minnesota one good example of a divisible asset and the divorce is a retirement account. A husband…

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Unfortunately, far too many parents across Minnesota and the country fall behind on child support payments. The reasons for the lapses are fairly standard: lost job, unexpected expenses and sometimes, simple irresponsibility. Though they may appear small on an individual basis, these unpaid debts really add up in the aggregate. According to a recent survey…

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