Written by: Ben Olson Question: Does child support automatically stop when my child turns eighteen? Answer: Unfortunately, there is no “one size fits all” answer to this question. In most cases, child support automatically ends when the youngest child in the family has (1) turned eighteen, and (2) graduated from high school. Read the discussion […]
Q&A Blog #71: Child Support and Overtime Income
Written by: Ben Olson Question: Can child support be based on overtime income? Answer: Minnesota law allows the Court to consider overtime income when calculating child support, but only in limited circumstances. Read the discussion below to learn more. Discussion: In Minnesota, child support is based on both parents’ gross income. Gross income is what […]
Blog #68: Affairs and Dissipation Claims
Q: I just found out my spouse is having an affair. I also found out that my spouse has used our money to support the affair in the form of gifts, dates, and so on. My spouse says he wants a divorce. What can be done about the money that has been spent on the […]
Q&A Blog #66: I have a special needs child who requires extra care. Is there a way I can get more child support because of his special needs?
Q: I have a special needs child who requires extra care. Is there a way I can get more child support because of his special needs? A: Minnesota law allows for upward deviations of child support in a few circumstances. One factor the Court considers is the extraordinary financial needs and resources, physical and emotional […]
Q&A Blog #63: Can I change my child’s name as part of my divorce?
By: Letty M-S Van Ert Q: How do I change my children’s names? Can I change my children’s names as part of a divorce? A: Generally speaking, children’s names would not be changed within the divorce proceeding the way a party’s name could be changed by virtue of a divorce. An application separate from the divorce […]
Q&A Blog #62: I did not want to change my name at the time I was divorced, but I have changed my mind. What Can I do?
By: Letty M-S Van Ert Q: At the time of my divorce, I did not think I wanted to change my name. I have changed my mind and now I want to change my name. What can I do? A: If you do not change your name within the divorce process and later wish to […]
Q&A Blog #61: How do I change my name as part of my divorce?
By: Letty M-S Van Ert Q: I am getting divorced and I would like to change my name. How do I go about doing that? A: If there is an ongoing divorce proceeding, the request for a name change needs to be referenced in the Judgment and Decree (the document that dissolves the marriage). The […]
Q&A Blog #60: What is the difference between legal separation and divorce?
By: Letty M-S Van Ert Q: What is the difference between legal separation and divorce? A: A divorce (“dissolution of marriage”) is the termination of the marital relationship between spouses. A decree of dissolution completely terminates the marital status of both parties. A legal separation is a court determination of the rights and responsibilities of spouses […]
Q&A Blog #56: What is an annulment?
By: Letty M-S Van Ert What is an annulment? An annulment is a court process that terminates a marriage. However, unlike a divorce, an annulment treats the marriage as though it never happened. An annulment may be sought for the following reasons: a party lacked capacity to consent to the marriage because of mental incapacity […]
