One of the issues that divorcing parents have to tackle involves an allocation of the income tax exemptions for the minor children. Who claims who? This is a matter that should not be overlooked; tens of thousands of dollars in future tax benefits may be at stake. And, if both parents make the same claim in the same year, a phone call from the IRS is certain to follow.
Many potential clients seek our advice in terms of protecting themselves at the onset of a divorce. They fear their spouse will take radical action in response to the dissolution process.
As more and more counties adopt the early neutral evaluation model, fewer divorce litigants face the prospect of a motion for temporary relief. A decade ago, nearly every party to a divorce would seek some sort of temporary order from the judge, given the fact that few alternatives were available for immediate structured debate and discussion concerning issues like custody, parenting time, child support, property division and spousal maintenance.
There are situations when a party (or both parties) to a divorce will disagree with the decision made by the district court judge. The remedy? Filing an appeal with the Minnesota Court of Appeals.
Many of the cases we handle involve a high level of conflict. Our Family Wizard is a fantastic online tool to help streamline the process of parental communication during, and after, divorce.
One change that has occurred in Minnesota law in recent years is found in the statute pertaining to relocation out of state with a minor child. Under the old law, the non-moving parent had the burden of proof when it came to explaining to the court why the child shouldn’t be taken out of state. Now, however, it is the moving parent who has burden of proof; they must prove why such a move serves the best interest of the child.