What Is The ‘Best Interest Of The Child’ Standard In Minnesota?
In Minnesota, there are 12 best interest standards pertaining to children, which are as follows:
- The child’s physical, emotional, cultural, spiritual, and other needs as they affect the arrangements on the child’s needs and developments
- Any special medical, mental health, or educational needs that the child may have
- The reasonable preference of the child if the child is of a sufficient age (unfortunately, some parties try to influence the child one way or the other)
- Whether domestic abuse has occurred and how that’s going to affect the child’s safety
- Any physical, mental, or chemical health issues of the parent that affect the child
- The history and nature of each parent’s participation in providing care for the child
- The willingness and ability of each parent to provide care for the child, meet the child’s needs as they mature, and maintain consistency with parenting time
- The effect on the child’s wellbeing and development,
- The effect of the proposed arrangements on the ongoing relationships between the child, each parent, the siblings, and other significant persons in the child’s life
- The benefit to the child in maximizing parenting time of both parents and the detriment in limiting parenting time with either parent
- The disposition of each parent to support the child’s relationship and permit frequent and continuing contact between the child and the other parent
- The willingness and ability of the parents to cooperate to maximize sharing information and minimize exposure of the child to parental conflict, and to utilize methods for resolving disputes regarding any major decisions concerning the life of the child
The parties can agree on using the best interest standards for the child in making any future changes, but generally speaking, after custody is set, the court will not want to change it unless there is an allegation of abuse.
Will I Be Able To Get Child Support During And After A Divorce In Minnesota?
Depending on how long the divorce might take, we can generally ask for a temporary support order. Whether or not there will be an order of child support after a divorce will depend on the income of the parties.
What If My Ex Can’t Afford Child Support?
In Minnesota, there is a minimum standard for child support. If someone cannot afford the minimum amount of child support, then child support won’t be available. There are programs in Minnesota that are designed to help provide support, but they are not tied to child support; they are forms of general assistance, like SNAP or WIC.
How Does The Division Of Assets And Debts Work In A Divorce In Minnesota?
In Minnesota, there is usually an equitable division of assets. If one spouse came into the marriage with a lot of assets and it was a very short-term marriage, then they might wind up leaving with most of those assets, but still may be required to pay child support.
In a long-term marriage, the nature of assets tends to change over time, and the division of assets will be affected by various factors, such as whether both spouses began paying the mortgage, one spouse paid the mortgage and the other spouse paid for other household expenses, or one spouse was a stay-at-home parent. A house will usually appreciate in value, and each spouse is usually entitled to the equity that accrues from the time of the marriage to the time of the divorce.
There are two types of debts that have to be considered in divorce: marital debt and nonmarital debt. If someone enters a marriage with excessive student loans, then they’re probably going to leave with excessive student loans. If spouses took out a loan during the course of the marriage, then it would be considered marital debt. If one spouse took out a loan during the marriage and used it for the interest of the marriage, then it would be considered marital debt. Unless there is a considerable difference between the spouses’ abilities to earn income, marital debts will be divided during divorce.
For more information on Divorce Cases In Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (763) 284-5552 today.