Before December 31, 2018, if you paid alimony, you could deduct it from your taxable income; and if you received alimony, you had to include it in your taxable income. Both of those treatments of alimony were changed when the new tax bill (Tax Cuts and Jobs Act) passed in late 2017. Under the new law, alimony (also known as spousal maintenance), is not deducted from the payor’s taxable income, and is not included in the payee’s taxable income. It is now a non-taxable transaction, like child support. If the alimony order was in effect before December 31, 2018, then that alimony is still deducti ..read more

“Divorce is 80 percent emotional, 10 percent legal and 10 percent financial.” This is the quote that rings most true to me in an article posted by the New York Times, “Can Divorce Be Affordable? Yes, but Only if Spouses Want It to Be.” Every divorce case is unique, and the costs related to different processes vary greatly. But every alternative to a litigated court battle is likely to be substantially less expensive, financially and emotionally. In addition to the options mentioned in the article is a flat-fee divorce, which my office offers in certain cases where there are no contested issues ..read more

When separated parties co-parent children, there is a basic premise that both parties have the right to parenting time and the obligation to provide financial support. All parents – custodial, non-custodial, and joint custodial – are presumed to be entitled to parenting time. And all parents have the obligation to provide financial support, whether that is by paying child support and/or by paying children’s expenses directly. Minn. Stat. Section 518.612 expressly asserts that a party’s failure to make support payments is not a defense to interference with parenting time, and interfering with p ..read more

Minn. Stat. Section 518.191 provides for the family court to issue a Summary Real Estate Disposition Judgment (SREDJ) as a brief document separate from a divorce decree. The SREDJ can be filed with the county recorder in lieu of a quitclaim deed to clear title to the landowner. That is to say, when the divorce decree awards one spouse sole ownership of the marital homestead, it may not be possible to obtain a quitclaim deed from the spouse who moved out. There may be difficulties with locating the spouse who moved out, or they may be unwilling to cooperate in formally relinquishing their inter ..read more

When a couple divorces or separates, and has no children in common, then either party is free to move, or live, where they choose and/or where they can afford to live. If the parties have no minor children (children under age 18), the same goes. This contemplates that the adult child(ren) can live where they please, since they are on their own under the law. If the couple share a minor child, or children, then it is also the case that either party is free to move where they choose. However, the child(ren) will not move out of state without either the other parent’s consent, or the court’s perm ..read more

Minnesota does not have a statute that mandates a presumption of 50-50 custody. The fact is, with or without a statutory presumption, 50-50 custody is common and, I believe, getting more and more common over time. What Minnesota statute does provide for is a minimum of 25 percent parenting time, absent evidence suggesting otherwise. It is reasonable to figure that many couples will agree to 50-50 custody, and in many cases the court will order 50-50 custody. And that where the agreement is not a 50-50 arrangement or where the court does not order a 50-50 arrangement, the outcome might be 60-40 ..read more

One of the statutory factors that the family court must consider in child custody cases is the reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference. This addresses one of the most common questions that people ask about child custody: how old does the child need to be to decide where they live? The answer is 18. But… if they are old enough to express a reliable preference, their preference may be considered by the court. Many custody professionals use the adage, “Kids have a voice, but not ..read more

The family court will appoint a guardian ad litem to address the concerns of a minor child when there are issues before the court pertaining to a child’s well-being and best interests. Under the applicable statute, the family court’s appointment of a guardian ad litem is either MANDATORY or PERMISSIVE. Guardian ad litem appointments are mandatory when the court has reason to believe that a child is a victim of domestic child abuse or neglect. Such appointments are permissive when the family court judge or referee is desiring the assessment, report and recommendations of a guardian ad litem per ..read more

In 2015, a pre-existing law was amended to make it mandatory for family courts to issue a Certificate of Dissolution to be attached to the divorce decree in every case. A certified copy of the Certificate allows a party to certify their divorce, name change, etc. without needing to use the entire decree and without needing to unnecessarily disseminate or reveal the additional personal information in the decree. The Certificate of Dissolution contains the case caption, file number, names of parties, prior names, name changes (if any) and the divorce date. The Certificate of Dissolution must be ..read more

Once a divorce is final, there is no changing the allocation of assets and liabilities, and modifying child custody, parenting time, child support and spousal maintenance requires a substantial change in circumstances. The exception to this is what is called “reopening the decree.” Under statute, the grounds for reopening are limited, and would require compelling circumstances involving: mistake, inadvertence, surprise, neglect, new evidence, fraud, or other grounds that render the judgment void or moot. When someone has committed to an agreement in mediation, they will almost never qualify fo ..read more