Blog

Brown Law Office
January 27, 2014

How to Approach a Custody Evaluation

If you are involved in any type of custody dispute, you will inevitably have to face a custody evaluator. This process can be very stressful no matter what your situation is. Ultimately, what the custody evaluator determines about you will be a major deciding factor in the type of custody you receive. Wh en you are faced with a custody evaluation in Minnesota, it's important to follow the advice of your attorney. Your custody lawyer understands your situation and will provide you with tips to make sure the outcome will benefit you. Here are some …

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Brown Law Office
January 23, 2014

Grandparent Rights Under Minnesota Law

For many people, being a grandparent is about getting to enjoy grandchildren and spend a lot of time with them without having to deal with the stresses of parenting. Unfortunately, divorce or the death of a parent can result in a grandparent potentially losing visitation rights. If you are a grandparent somehow involved in a situation that is causing you to see your grandchildren less frequently or not at all, it's important that you understand what your rights are as a grandparent. Minnesota does have both statutory laws and common laws that allow …

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Brown Law Office
January 9, 2014

How Does the IRS Treat Spousal Maintenance and Child Support?

It is important to know how the IRS treats spousal maintenance and child support to ensure that both are considered correctly on your income tax return. Generally speaking, spousal maintenance is tax deductible to the payor, but the payee (recipient) must pay taxes on it. Child support is not tax deductible to the payor, and the payee does not have to pay income tax on it. While it is easy to determine what is characterized as “child support,” it can be a bit more complicated to determine what qualifying “alimony” is. Alimony, in order to be tax …

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Brown Law Office
December 23, 2013

Courtroom Decorum : Tips for Keeping the Judge Happy

When in court for a divorce case, one of the last things you want to do is anger the judge. It is important to remember that judges are people too, and their jobs are not simple - especially when they are dealing with a family matter like divorce. Judges have to listen to witness testimony, review evidence, and try to determine who is telling the truth and who isn’t. Anything that happens in the courtroom that distracts the judge is going to upset them. Being that he or she is deciding some very important issues, you want to be cautious and not upset …

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Brown Law Office
October 26, 2013

Step-Parent Adoption in Minnesota : Key Concepts

Step-parent adoption is an enjoyable part of our family law practice. Here are a few of the key concepts: Termination of Parental Rights: Biological parent executes paperwork to terminate rights to child. Two week cooling off period applies. Petition: Remaining parent, and spouse, file Petition for Adoption with the Court with all relevant paperwork. Background Information: Some counties require a limited amount of background information gathered concerning the step-parent, including a criminal history. Hearing: Once the background check is …

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Brown Law Office
October 25, 2013

Child Support in Minnesota : Types of Support and Calculation

Child support in Minnesota is governed by the Minnesota child support guidelines. Here are some of the key elements associated with these awards: Basic Support: The cash payment one parent makes to another, on a monthly basis, for the support of a child. Medical Support: The allocation of medical insurance premiums and uninsured medical expenses relating to a child . Daycare Support: The allocation of work-related care expenses associated with a child. Child Support Guidelines: Provide the formula for determining the appropriate amount of …

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Brown Law Office
October 19, 2013

Postnuptial Agreements in Minnesota : Elements that Differ from a Prenup

Postnuptial agreements in Minnesota differ from prenuptial agreements in three critical ways: Timing: Basically a prenuptial agreement entered into by the parties after they have married. Statutory Requirements: In addition to all prenuptial requirements, both parties must be represented by a lawyer in order for the agreement to be enforceable. Postnuptial agreements are presumed unenforceable if executed less than one year prior to the commencement of an action to dissolve the marriage. We’re here to help if you have postnuptial agreement …

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Brown Law Office
October 12, 2013

Minnesota Harassment Elements and Concepts

Harassment in Minnesota is defined by statute and a specific process is in place to obtain a Harassment Restraining Order. Here are some key elements: Harassment: Single incident of assault, or repeated, unwanted acts designed to invade the rights, safety and privacy of another and that have a substantial adverse effect on the intended recipient. Process: Alleged victim submits papers to judge, outlining what happened. If court believes act of harassment occurred, Harassment Restraining Order is issued. Alleged aggressor may dispute issuance of …

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Brown Law Office
October 3, 2013

Domestic Abuse in Minnesota : Quick Guide

Domestic abuse involves a statutory definition and process associated with obtaining an Order for Protection. Here is a quick guide on those issues: Abuse: Physical harm, assault or infliction of fear of imminent physical harm among family members. Process: Alleged victim submits papers to judge, outlining what happened. If court believes act of abuse occurred, Order for Protection is issued. Alleged aggressor may dispute issuance of Order, and request a hearing. If alleged victim proves case, Order up to two years may issue. If case not proven, …

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Brown Law Office
September 28, 2013

Minnesota Paternity : Key Issues

Paternity in Minnesota involves key five issues: Adjudication: Paternity is established through genetic testing or execution of a Recognition of Parentage. Child Custody: Same standards as a dissolution action. Parenting Time: Same standards as a dissolution action. Child Support: Same standards as a dissolution action. Reimbursement: Mother may seek reimbursement for pregnancy and birthing expenses. Court may also order payment of attorney’s fees and costs. If you have a question concerning paternity, our lawyers are here to help. …

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Brown Law Offices, P.A.

11125 Zealand Avenue North
Champlin, MN 55316

T. (763) 323-6555 | F. (763) 323-6988

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