Dakota County Law Blog

A family law blog with real world legal advice

If you have children and are preparing for a Minnesota divorce, you’ve likely wondered about child support at one point or another. The issue of child support can be confusing, especially for those who have never gone through the process before. Worries about custody fights and stress over money can make the ordeal that much…

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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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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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I have been asked by clients about the meaning of formal and informal probate in Minnesota.  As a Dakota County probate attorney, I feel a little obligated to try and answered their questions. Many factors need to be taken into consideration when determining whether or not to administer an estate formally or informally. The follwoing are some of the more common…

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