DIVORCE TOPICS
Many of my clients want a synopsis of the areas that
will be dealt with during the dissolution process. Please note that every dissolution is different and entails different circumstances.
The following is helpful.
 |
Divorces with children
Custody. In Minnesota, custody is broken down into two terms which terms are physical custody and residence and legal custody. "Physical" custody deals with which parent will have the child(ren)
residing with him/her. Physical custody may be joint between the parties if the circumstances permit. However, joint physical
custody is unusual because the circumstances that permit it normally do not exist.
|
"Legal" custody deals specifically with the areas of education,
health care and religion and is presumptively joint if no abuse has occurred between the parents or parent/child prior to
or during the time the divorce occurs. In general, joint legal custody gives both parties access to school records, notice
of school conference dates and input regarding the child(ren)’s religion. Further, it usually requires that the parties
mediate prior to returning to court on issues involving joint legal custody but that does depend upon the terms in the particular
Judgment and Decree which is the term used for the ultimate papers that outline the rights, responsibilities and implications
of the parties who obtain a dissolution.
In most counties, when there is a contested custody case, the parties
are referred to the county court services division which is comprised of persons with a social work and/or a psychology educational
background who usually have extensive experience in resolving custody and/or parenting time issues between the parties
or evaluating and making recommendations if that is required. The Minnesota Statutes require that the parties attempt mediation
which is an attempt to come up with an agreement between them regarding custody and parenting time issues prior to having
the county court services conduct a full custody evaluation. In some cases, if mediation is not going to resolve custody or
parenting time issues, the parties immediately enter the evaluation stage. In addition, you should be aware that the
county can and will charge for the cost of conducting a custody evaluation.
If the parties are unable to mediate the custody or parenting time issues,
an evaluation is performed by county court services or another agency or individual may be hired to perform a custody or parenting
time evaluation. Ultimately, a recommendation is made regarding which parent be granted physical custody of the children
and/or proposing a parenting time schedule. At that point in time, my client has a decision to make whether the client
agrees or disagrees with that recommendation. My client should be aware that sometimes he/she disagrees with the recommendation
but goes along with it anyway because fighting the recommendation may not result in anything more than spending additional
money for attorney’s fees and/or additional psychologists to review the situation anew.
Parenting
Time.The non-physical custodial parent has parenting time rights with the children. Standard
parenting time is alternate weekends, one or two evenings per week, alternate major holidays and extended parenting time in
the summer. I want you to know that there are many options to the parenting time schedule. I am happy to entertain and propose
parenting time ideas that you have thought out. What may work for one family may not work for another family, so time
should be spent on this matter in order to enhance the parental contact with child(ren).
Child Support.
As of January 1, 2007, the child support statutes have been amended. Both parties' incomes are now considered and incorporated
into a formula that utilizes gross incomes and provide offsets for more parentimg time and children from prior marriages/relationships.
The Minnesota Department of Human Services has released a web calculator, which is available to the public. The
website is located at: http://childsupportcalculator.dhs.state.mn.us/Calculator.aspx
You should be aware
that automatic wage withholding is mandated both nationally and statewide so that anyone with a standard employment arrangement
will have automatic wage withholding. At this point in time, all of the child support payments statewide that are automatically
withheld are being funneled to St. Paul and checks reissued and distributed from that location. You should also be aware that
automatic wage withholding may be waived in some circumstances if the person who is to receive child support agrees to waive
automatic wage withholding. You should talk to me about these possibilities, if this is something in which you are interested.
