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How Is Custody Or Parenting Time Determined In Minnesota?

Assuming both parents want time with the child, the Minnesota courts will try to be equitable in the determination of custody and parenting time. The courts will never force parenting time on a parent who doesn’t want it. If a child hasn’t spent any time with one parent, it doesn’t make sense for the court to determine that the child spends all of their time with that parent.

The court will consider many factors and might order a child custody evaluation. A child custody evaluation is done by a social worker, psychologist, or attorney who can consider the situation and provide the court with an evaluative opinion about how the parents interact with the child. The evaluator can also advise on whether or not it would make sense to grant the parents’ wishes with regard to custody and parenting time.

An evaluation is especially helpful if one parent has an addiction or mental health issue, as it will give the court an idea of what’s happening in the home and in the lives of the parents and the child. Ultimately, the evaluation should help the court consider the overriding issue, which is the best interests of the child.

General Information:

Who Pays Child Support When Parents Divorce In Minnesota?

The Department of Human Services maintains an online child support calculator to determine child support. The income of both parents will be considered, as will the presence of non-joint children in the home, whether either parent is paying child support for another child, and the amount of parenting time assigned to each parent. If one parent cares for the child all of the time, then that parent will receive child support to ensure that they have the financial means to continue caring for the child.

What Can Be Done If One Parent Fails To Pay Child Support?

If one parent fails to pay child support, then the parent who is owed the child support payments can enforce the agreement by pursuing a contempt order. The court can order a suspension of the license of the other parent including, a driver’s license, hunting or fishing licenses.

Does Minnesota Recognize Alimony Or Spousal Support In Divorce Cases?

In Minnesota, alimony, which is also called spousal support or spousal maintenance awards, may or may not be granted, depending on the length of the marriage. For example, it is unlikely that spousal support would be ordered for a short-term marriage involving parties who are both employed. On the other hand, it is much more likely to be ordered for a 20 or 30-year marriage where one spouse stayed home to raise the children while the other spouse worked in order to financially support the household. There are many factors at play in the determination of alimony, and each determination is made on a case-by-case basis.

How Are Assets And Debts Divided In A Minnesota Divorce?

Assets and debts are divided based on equity and the distinction between premarital and marital property. Typically, anything someone owned before the marriage, as well as gifts and inheritances, are considered premarital interests. However, depending on the length of the marriage and contributions of each party, they might not be considered premarital.

Once two people get married, any equity in the property is considered marital property. The division of assets and debts in divorce can become complicated. It is important to note that there is no-fault divorce in Minnesota, which means the court does not consider who was at fault for the divorce when determining how to divide assets and debts.

What Is The Process Of Dividing Debt? Can I Be Protected From My Spouse’s Debts?

A spouse will not be held accountable for the debts that were acquired by their spouse prior to marriage. However, debt incurred during the marriage is considered joint debt, and both spouses are held responsible for it. One party can agree to take the entire debt, or it can be split between the parties.

For more information on Determination Of Custody/Parenting Time, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (763) 284-5552 today.

Kathleen Gomez

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