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A parent may not relocate a child across state lines without first obtaining permission from either the other parent or the court, unless the non-custodial parent has not been granted any parenting time under the child custody agreement.

According to Minnesota Statute 518.175, Subd. 3(a):

“The parent with whom the child resides shall not move the residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree. If the purpose of the move is to interfere with parenting time given to the other parent by the decree, the court shall not permit the child's residence to be moved to another state.”

Permission for relocation by the court will be based on the court’s determination of the child’s best interests as determined by such factors as the child’s relationship with the non-custodial parent, the child’s age and stage of development, the change in quality of life for both the custodial parent and the child as a result of the move, and the reason for relocation.

The parent requesting permission for relocation must prove the move is in the best interests of the child, unless the court finds evidence that the requesting parent has been the victim of domestic abuse at the hands of the other parent, in which case the parent opposing the move must prove that relocation is not in the best interests of the child.

Relocating within state lines is not subject to the same regulations as moving out of state. However, if the parents have joint physical custody, or the move would alter the court-ordered parenting time agreement, a modification order and/or court approval may be required.

For more information on out-of-state or in-state moves, contact Banas Family Law, P.A. at (651) 361-8109 now. 

Needs and circumstances change. When they do, a post-decree modification can realign court orders to match the interests of the parties and their new situations. Minnesota family law attorney Chris Banas assists clients in filing motions for the modification of child custody and parenting time agreements as well as child support and spousal maintenance orders.

Child Custody and Parenting Time Post-Decree Modifications.

When deciding issues involving a child, the court focuses on the “best interests” of that child. To ensure your child’s interests are thoroughly represented, you need to obtain the services of a qualified family law attorney.

Often, unless “the court finds that there is persistent and willful denial or interference with parenting time, or has reason to believe that the child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development” (Minnesota Statue 518.18(c)), there are time limitations imposed on when modifications may be filed and approved. Your attorney will assist you in determining whether you are eligible to file a modification.

Child Support or Spousal Maintenance Post-Decree Modifications.

When the financial circumstances of either party change, a modification of support is necessary. Orders involving how much, how long, and how often an obligor must pay an obligee are often based upon the obligor’s financial position and ability to pay, the obligee’s financial needs, and the income and expenses of both parties. A knowledgeable family law attorney can assist you in determining whether your situation warrants a modification, and will ensure that the court receives the necessary financial documentation.

To discuss your need for a Minnesota post-decree modification, contact Minneapolis family law attorney Chris Banas today. Call 651-361-8109 now.

A recent job loss can make it difficult to pay your bills and meet your obligations. Child support payments that were previously manageable may become overwhelming. If you’ve recently lost your job and need help meeting your child support obligations, a qualified attorney may be able to assist you in lowering the amount you’re required to pay each month.

When your child support order was originally instituted, the amount you were required to pay was calculated based upon your (then current) income. According to Minnesota Statute 518A.39(2)(a)(1), you may be able to modify your child support order if a substantial decrease in income renders the original terms of the order “unreasonable and unfair.”

There are timelines associated with filing a motion for a reduction in support. To avoid missing your opportunity to request a modification, you should contact your Minnesota family law attorney as soon as possible after losing employment. Attorney Chris Banas advises clients to immediately:

1) Ask your employer for a letter setting forth the reason for the termination or lay off.

2) Forward a copy of the employer’s letter and a copy of the current child support order to your attorney.

3) Start a job search immediately. Keep a journal of all potential employers contacted and the result of each contact.

4) Update your resume, and forward it to your attorney.

By contacting your attorney promptly, he can review your case and, if you’re eligible, begin filing a motion for reduction in support well within the necessary timeframe. Don’t let child support obligations stretch you too thin. If you’ve lost your job through no fault of your own, call Minnesota family law attorney Chris Banas today to find out if you’re eligible for lowered child support payments. Call 651-361-8109 now.

On April 3, 2009, Iowa's Supreme Court became the fourth in the country to declare a state legislative ban on gay marriage unconstitutional. Over ten years earlier, in 1998, the Iowa legislature passed an amendment to the state Statues defining marriage exclusively as a union between a man and a woman. (Iowa Code section 595.2(1))

As in Massachusetts, California, and Connecticut, the Iowa Supreme Court decided the ban infringed on the constitutional right to equal protection under the law. According to the unanimous decision, the couples involved in the case proved that, by not allowing them to marry, the state was denying privileges accorded to all other subclasses of citizens. This unequal treatment thus imposed unfair disadvantages on the couples.

"This record included an explanation by some of the plaintiffs of the disadvantages and fears they face each day due to the inability to obtain a civil marriage in Iowa. These disadvantages and problems include the legal inability to make many life and death decisions affecting their partner, including decisions related to health care, burial arrangements, autopsy, and disposition of remains following death. Various plaintiffs told of the inability to share in their partners' state-provided health insurance, public employee pension benefits, and many private-employer-provided benefits and protections. They also explained how several tax benefits are denied. Adoption proceedings are also more cumbersome and expensive for unmarried partners. Other obstacles presented by the inability to enter into a civil marriage include numerous nongovernmental benefits of marriage that are so common in daily life they often go unnoticed, such as something so simple as spousal health club memberships. Yet, perhaps the ultimate disadvantage expressed in the testimony of the plaintiffs is the inability to obtain for themselves and for their children the personal and public affirmation that accompany marriage." (Iowa Supreme Court No. 07-1499)

Following closely on the heels of the Iowa Supreme Court decision, Vermont (on April 7, 2009) became the first state to legislatively legalize gay marriage by overriding the governor's veto. There are now four states in the U.S. where same-sex marriage is legal: Massachusetts, Connecticut, Iowa, and Vermont. While California's Supreme Court also declared a state ban unconstitutional, California voters have since overruled the decision.

While changes go on around the country, Minnesota's law remains the same. According to Minnesota Statute 517.03(1)(a)(4), marriage between persons of the same sex is prohibited. There are, however, other legal arrangements that may help offset some of the disadvantages inherent in the inability to marry.

Divorce can be complicated. Property must be divided, child custody agreements must be reached, and, sometimes, spousal maintenance (alimony) is considered. When one spouse owns a business, however, a Minnesota divorce can become a more arduous process.

These types of divorces typically involve larger assets that must be divided (both separate and co-owned), and there is generally a greater income disparity between the parties than in divorces where neither spouse owns a business. Additionally, there is an increased likelihood of one spouse being a stay-at-home parent, which may influence who the court views as the primary caregiver. Additional considerations include: the tax consequences of property division, and the fair-market value of the business.

In states with community property laws, each spouse is generally entitled to fifty percent of the business, regardless of who owned and operated it. In contrast, Minnesota is an “equitable distribution” state. This means the court will determine how to divide the marital property according to Minnesota Statute 518.58, subdivision 1:

“…the court shall make a just and equitable division of the marital property of the parties without regard to marital misconduct, after making findings regarding the division of the property. The court shall base its findings on all relevant factors including the length of the marriage, any prior marriage of a party, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of capital assets, and income of each party. The court shall also consider the contribution of each in the acquisition, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a spouse as a homemaker. It shall be conclusively presumed that each spouse made a substantial contribution to the acquisition of income and property while they were living together as husband and wife. The court may also award to either spouse the household goods and furniture of the parties, whether or not acquired during the marriage. The court shall value marital assets for purposes of division between the parties as of the day of the initially scheduled prehearing settlement conference, unless a different date is agreed upon by the parties, or unless the court makes specific findings that another date of valuation is fair and equitable. If there is a substantial change in value of an asset between the date of valuation and the final distribution, the court may adjust the valuation of that asset as necessary to effect an equitable distribution.”

Divorces involving professional business owners (doctors with their own practices, for example) can carry long-term financial consequences. Due to the high stakes involved, it is imperative for each spouse to obtain the counsel of a qualified Minnesota divorce attorney.

To ensure your business assets are protected, please contact Minnesota family law attorney Chris Banas at 651-361-8109.

The source of referenced Minnesota Statutes is the Office of the Revisor of Statutes, State of Minnesota, Copyright 2008. All rights reserved.

De facto custodian.

(a) "De facto custodian" means an individual who has been the primary caretaker for a child who has, within the 24 months immediately preceding the filing of the petition, resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of:

(1) six months or more, which need not be consecutive, if the child is under three years of age; or

(2) one year or more, which need not be consecutive, if the child is three years of age or older.

(b) For purposes of the definition in this subdivision, any period of time after a legal proceeding has been commenced and filed must not be included in determining whether the child has resided with the individual for the required minimum period.

(c) For purposes of the definition in this subdivision, "lack of demonstrated consistent participation" by a parent means refusal or neglect to comply with the duties imposed upon the parent by the parent-child relationship, including, but not limited to, providing the child necessary food, clothing, shelter, health care, education, creating a nurturing and consistent relationship, and other care and control necessary for the child's physical, mental, or emotional health and development.

(d) "De facto custodian" does not include an individual who has a child placed in the individual's care:

(1) through a custody consent decree under section 257C.07;

(2) through a court order or voluntary placement agreement under chapter 260C; or

(3) for adoption under chapter 259.

(e) A standby custody designation under chapter 257B is not a designation of de facto custody unless that intent is indicated within the standby custody designation.

Interested third party.

(a) "Interested third party" means an individual who is not a de facto custodian but who can prove that at least one of the factors in section 257C.03, subdivision 7, paragraph (a), is met.

257C.03, subdivision 7, paragraph (a):

(a) To establish that an individual is an interested third party, the individual must:

(1) show by clear and convincing evidence that one of the following factors exist:

(i) the parent has abandoned, neglected, or otherwise exhibited disregard for the child's well-being to the extent that the child will be harmed by living with the parent;

(ii) placement of the child with the individual takes priority over preserving the day-to-day parent-child relationship because of the presence of physical or emotional danger to the child, or both; or

(iii) other extraordinary circumstances;

(2) prove by a preponderance of the evidence that it is in the best interests of the child to be in the custody of the interested third party; and

(3) show by clear and convincing evidence that granting the petition would not violate section 518.179, subdivision 1a.

(b) "Interested third party" does not include an individual who has a child placed in the individual's care:

(1) through a custody consent decree under section 257C.07;

(2) through a court order or voluntary placement under chapter 260C; or

(3) for adoption under chapter 259.

Best interests of a child.

(a) If two or more parties seek custody of a child, the court must consider and evaluate all relevant factors in determining the best interests of the child, including the following factors:

(1) the wishes of the party or parties as to custody;

(2) the reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;

(3) the child's primary caretaker;

(4) the intimacy of the relationship between each party and the child;

(5) the interaction and interrelationship of the child with a party or parties, siblings, and any other person who may significantly affect the child's best interests;

(6) the child's adjustment to home, school, and community;

(7) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(8) the permanence, as a family unit, of the existing or proposed custodial home;

(9) the mental and physical health of all individuals involved; except that a disability, as defined in section 363A.03, subdivision 12, of a proposed custodian or the child shall not be determinative of the custody of the child, unless the proposed custodial arrangement is not in the best interests of the child;

(10) the capacity and disposition of the parties to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed, if any;

(11) the child's cultural background; and

(12) the effect on the child of the actions of an abuser, if related to domestic abuse, as defined in section 518B.01, subdivision 2, that has occurred between the parents or the parties.

(b) The court may not use one factor to the exclusion of all others. The court must make detailed findings on each of the factors and explain how the factors led to its conclusions and to the determination of the best interests of the child.

(c) The court must not give preference to a party over the de facto custodian or interested third party solely because the party is a parent of the child.

(d) The court must not prefer a parent over the de facto custodian or third party custodian solely on the basis of the gender of the parent, de facto custodian, or third party.

(e) The fact that the parents of the child are not or were never married to each other must not be determinative of the custody of the child.

(f) The court must consider evidence of a violation of section 609.507 in determining the best interests of the child.

(g) The court must not consider conduct of a proposed custodian that does not affect the custodian's relationship to the child.

(h) Section 518.619 applies to actions under this section.

To determine if your case meets the criteria for custody, please contact Minnesota family law attorney Chris Banas at 651-361-8109.

The source of referenced Minnesota Statutes is the Office of the Revisor of Statutes, State of Minnesota, Copyright 2008. All rights reserved.

Domestic violence is a serious issue in divorce and custody cases, not only in terms of the civil and criminal effects, but also in the direct impact it will have on your chances for custody. To put it simply, a finding of domestic violence (order for protection in civil court or a criminal conviction of domestic violence) can ruin a party’s chance for custody.

1. Do not put yourself in a situation where it is likely an argument with your spouse will ensue. A finding of domestic abuse by one spouse against the other makes any custody battle very difficult since there is a presumption under Minnesota law that an abuser should not have custody. The specific language of the statute states: (d) whether domestic abuse, as defined in section 518B.01, has occurred between the parents. The court shall use a rebuttable presumption that upon request of either or both parties, joint legal custody is in the best interests of the child. However, the court shall use a rebuttable presumption that joint legal or physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01, has occurred between the parents. (Go to Minn. Statute § 518.17 for the full text of the statute.) Copyright © 2007 by the Office of the Revisor of Statutes, State of Minnesota.  All rights reserved.
2. Do not yell, grab, hit, or throw anything in the presence of your spouse or, even more significantly, in the children's presence. If your spouse tries to incite you, walk away. Something as simple as blocking someone’s exit from a room may be considered abusive.
3. If you are being abused or are in fear for your safety or for the safety of your children, call 911 right away.
4. If you are accused of being physically abusive, do not make any statements - to anyone! Call an attorney right away. Remember, statements you make to the police (and to others) can be used against you in a later proceeding. Assert your right to remain silent.

In civil court, a finding of domestic abuse will result in the issuance of an Order for Protection. An Order for Protection is a civil order (not a criminal conviction) directing the abusing party (Respondent) to, among other things, stay away from the abused (Petitioner) party's residence or employment. When there are children involved, a temporary custody award will be made. An Order for Protection is usually put into effect for one (1) year, and may be extended beyond one year for good cause. Below are some excerpts from an actual order:

• NOTICE ABOUT ARREST AND JAIL: A violation of this Order may be a misdemeanor, gross misdemeanor, or felony. A misdemeanor violation may result in up to 90 days in jail, or $1,000.00 fine, or both. A repeat violation may be a gross misdemeanor, and may result in up to one year in jail, or $3,000.00 fine, or both. A police office must arrest and take into custody a person whom the officer believes has violated this Order.
• NOTICE ABOUT DEPORTATION AND ENFORCEMENT: A violation of this Order for Protection is a deportable offense. If you are not a United States citizen, a violation of this Order could result in your deportation. This Order for Protection is enforceable in all 50 states, the District of Columbia, tribal lands, and the United States territories. Violation of this Order for Protection may subject the Respondent to federal charges and punishment.
• NOTICE ABOUT FIREARMS: The Respondent must not possess, ship, transport, or receive any firearm or ammunition while this Order is in effect.
• NOTICE ABOUT OTHER CASES: Both parties are notified that in any other case involving parenting time (visitation), the Court will consider this Order for Protection if the Petitioner so requests.

If you and your spouse/partner are still living in the same house, be sure to discuss with your attorney early on any concerns you may have about your spouse's temper or abusive tendencies.  Do you believe your spouse is violent or could be violent?  Do you believe your spouse would lie about what happened during an argument?  Do you believe he or she would say you hit, grabbed or pushed him or her?   If you answered YES to any of the above, you should call your attorney immediately. Disputes "behind closed doors" are very difficult to defend, and not all domestic disputes involve the police or any written report for that matter. Sometimes I advise parties to physically separate themselves early on in the proceedings to eliminate even the chance of a spouse making a claim of domestic abuse.

Learn More -- Visit our articles and resources for more Minnesota family law information on Minnesota Divorce,  Child Support & Spousal Maintenance, Custody & Parenting Time and More.

If you would like to have a consultation with a Minnesota divorce lawyer, please contact attorney Chris Banas at  651-361-8109.

What is "legal custody"? How does it differ from "physical custody"? And, who is the "custodial parent"?

"Lawyer Speak" can be frustrating to listen to sometimes. To familiarize yourself with some of the common family law terms (and what they mean to your Minnesota divorce case), see the list of definitions below.

MINNESOTA DIVORCE / FAMILY LAW DEFINITIONS AS DEFINED IN MINNESOTA STATUTE 518.003

• Child Custody. In Minnesota, child custody involves legal custody and physical custody.  Read about Minnesota Child Custody: Legal Custody and Physical Custody.
• Legal Custody. In Minnesota, "legal custody" means the right to determine the child's upbringing, including education, health care, and religious training.
• Joint Legal Custody. "Joint legal custody" means that both parents have equal rights and responsibilities, including the right to participate in major decisions determining the child's upbringing, including education, health care, and religious training.
• Physical Custody. In Minnesota "physical custody and residence" means the routine daily care and control and the residence of the child.
• Joint Physical Custody.  "Joint physical custody" means that the routine daily care and control and the residence of the child is structured between the parties.
• Custodial Parent or Custodian. "Custodial parent" or "custodian" means the person who has the physical custody of the child at any particular time.
• Custody Determination. In Minnesota, "Custody determination" means a court decision and court orders and instructions providing for the custody of a child, including parenting time, but does not include a decision relating to child support or any other monetary obligation of any person.
• Custody Proceeding. "Custody proceeding" includes proceedings in which a custody determination is one of several issues, such as an action for dissolution, divorce, or separation, and includes proceedings involving children who are in need of protection or services, domestic abuse, and paternity.
• Maintenance. "Maintenance" means an award made in a dissolution or legal separation proceeding of payments from the future income or earnings of one spouse for the support and maintenance of the other.
• Marital property and Exceptions. "Marital property" means property, real or personal, including vested public or private pension plan benefits or rights, acquired by the parties, or either of them, to a dissolution, legal separation, or annulment proceeding at any time during the existence of the marriage relation between them, or at any time during which the parties were living together as husband and wife under a purported marriage relationship which is annulled in an annulment proceeding, but prior to the date of valuation under under Minnesota law: 1. All property acquired by either spouse subsequent to the marriage and before the valuation date is presumed to be marital property regardless of whether title is held individually or by the spouses in a form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property. Each spouse shall be deemed to have a common ownership in marital property that vests not later than the time of the entry of the decree in a proceeding for dissolution or annulment. The extent of the vested interest shall be determined and made final by the court pursuant to section 518.58. If a title interest in real property is held individually by only one spouse, the interest in the real property of the nontitled spouse is not subject to claims of creditors or judgment or tax liens until the time of entry of the decree awarding an interest to the nontitled spouse. The presumption of marital property is overcome by a showing that the property is nonmarital property.
• Nonmarital property. "Nonmarital property" means property real or personal, acquired by either spouse before, during, or after the existence of their marriage, which (a) is acquired as a gift, bequest, devise or inheritance made by a third party to one but not to the other spouse; (b) is acquired before the marriage; (c) is acquired in exchange for or is the increase in value of property which is described in clauses (a), (b), (d), and (e);  (d) is acquired by a spouse after the valuation date; or (e) is excluded by a valid antenuptial contract.
• Mediation. "Mediation" means a process in which an impartial third party facilitates an agreement between two or more parties in a proceeding.
• Parenting time. "Parenting time" means the time a parent spends with a child regardless of the custodial designation regarding the child.
• Pension plan benefits or rights. "Pension plan benefits or rights" means a benefit or right from a public or private pension plan accrued to the end of the month in which marital assets are valued, as determined under the terms of the laws or other plan document provisions governing the plan, including section 356.30. Subd. 7.
• Private pension plan. "Private pension plan" means a plan, fund, or program maintained by an employer or employee organization that provides retirement income to employees or results in a deferral of income by employees for a period extending to the termination of covered employment or beyond. Subd. 8.
• Public pension plan. "Public pension plan" means a pension plan or fund specified in Minnesota Statutes section 356.20, SUBDIVISION 2, or 356.30, SUBDIVISION 3, the deferred compensation plan specified in section 352.96, or any retirement or pension plan or fund, including a supplemental retirement plan or fund, established, maintained, or supported by a governmental subdivision or public body whose revenues are derived from taxation, fees, assessments, or from other public sources.
• Residence. "Residence" means the place where a party has established a permanent home from which the party has no present intention of moving.

Learn More -- Visit our articles and resources for more Minnesota family law information on Minnesota Divorce,  Child Support & Spousal Maintenance, Custody & Parenting Time and More.

If you would like to have a consultation with a Minnesota divorce lawyer, please contact attorney Chris Banas at  651-361-8109.

The source of the Minnesota Divorce, Minnesota Marriage Dissolution and Minnesota Family Law definitions is Minnesota Statutes 518.003.  Copyright © 2007 by the Office of the Revisor of Statutes, State of Minnesota.  All rights reserved.  These definitions are used in Hennepin Family Court and in other counties, including Ramsey, Dakota, Washington and Anoka.

DEFINITIONS TO COMMON TERMS ENCOUNTERED
IN FAMILY COURT: MINNESOTA CHILD SUPPORT

"Lawyer Speak" can be frustrating to listen to sometimes. To familiarize yourself with some of the common terms (and what they mean to your Minnesota child support case), see the list of MN child support law definitions below.

MN Statutes Section 518A.26 Definitions for Minnesota Child Support Cases:

• Subdivision 1. Terms. For the purposes of this chapter and chapter 518, the terms defined in this section shall have the meanings respectively ascribed to them.
• Subd. 2. Apportioned veterans' benefits. "Apportioned veterans' benefits" means the amount the Veterans Administration deducts from the veteran's award and disburses to the child or the child's representative payee. The apportionment of veterans' benefits shall be that determined by the Veterans Administration and governed by Code of Federal Regulations, title 38, sections 3.450 to 3.458.
• Subd. 3. Arrears. Arrears are amounts that accrue pursuant to an obligor's failure to comply with a support order. Past support and pregnancy and confinement expenses contained in a support order are arrears if the court order does not contain repayment terms. Arrears also arise by the obligor's failure to comply with the terms of a court order for repayment of past support or pregnancy and confinement expenses. An obligor's failure to comply with the terms for repayment of amounts owed for past support or pregnancy and confinement turns the entire amount owed into arrears.
• Subd. 4. Basic support. "Basic support" means the basic support obligation computed under section 518A.34. Basic support includes the dollar amount ordered for a child's housing, food, clothing, transportation, and education costs, and other expenses relating to the child's care. Basic support does not include monetary contributions for a child's child care expenses and medical and dental expenses.
• Subd. 5. Child. "Child" means an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support.
• Subd. 6. Deposit account. "Deposit account" means funds deposited with a financial institution in the form of a savings account, checking account, NOW account, or demand deposit account.
• Subd. 7. Financial institution. "Financial institution" means a savings association, bank, trust company, credit union, industrial loan and thrift company, bank and trust company, or savings association, and includes a branch or detached facility of a financial institution.
• Subd. 8. Gross income. "Gross income" means the gross income of the parent calculated under section 518A.29.
• Subd. 9. Income withholding only services. "Income withholding only services" means the services provided by the public authority to collect payments pursuant to a support order but does not include other enforcement services provided by the public authority for IV-D cases. Notices required for income withholding under this section shall be initiated by the applicant for services. An obligation for spousal maintenance under subdivision 21, paragraph (a), clause (3), is only eligible for income withholding only services.
• Subd. 10. IV-D case. "IV-D case" means a case where a party has assigned to the state rights to child support because of the receipt of public assistance as defined in section 256.741 or has applied for child support services under title IV-D of the Social Security Act, United States Code, title 42, section 654(4). An obligation for spousal maintenance under subdivision 21, paragraph (a), clause (3), is not an IV-D case.
• Subd. 11. Joint child. "Joint child" means the dependent child who is the child of both parents in the support proceeding. In cases where support is sought from only one parent of a child, a joint child is the child for whom support is sought.
• Subd. 12. Nonjoint child. "Nonjoint child" means the legal child of one, but not both of the parents in the support proceeding. Nonjoint child does not include stepchildren.
• Subd. 13. Obligee. "Obligee" means a person to whom payments for maintenance or support are owed.
• Subd. 14. Obligor. "Obligor" means a person obligated to pay maintenance or support. A person who has primary physical custody of a child is presumed not to be an obligor for purposes of a child support order under section 518A.34, unless section 518A.36, SUBDIVISION 3, applies or the court makes specific written findings to overcome this presumption. For purposes of ordering medical support under section 518A.41, a parent who has primary physical custody of a child may be an obligor subject to a payment agreement under section 518A.69.
• Subd. 15. Parental income for determining child support (PICS). "Parental income for determining child support," or "PICS," means gross income minus deductions for nonjoint children allowed under section 518A.33.
• Subd. 16. Payor of funds. "Payor of funds" means a person or entity that provides funds to an obligor, including an employer as defined under chapter 24, section 3401(d), of the Internal Revenue Code, an independent contractor, payor of workers' compensation benefits or unemployment insurance benefits, or a financial institution as defined in section 13B.06.
• Subd. 17. Primary physical custody. The parent having "primary physical custody" means the parent who provides the primary residence for a child and is responsible for the majority of the day-to-day decisions concerning a child.
• Subd. 18. Public authority. "Public authority" means the local unit of government, acting on behalf of the state, that is responsible for child support enforcement or the Department of Human Services, Child Support Enforcement Division.
• Subd. 19. Social Security benefits. "Social Security benefits" means the monthly retirement, survivors, or disability insurance benefits that the Social Security Administration provides to a parent for that parent's own benefit or for the benefit of a joint child. Social Security benefits do not include Supplemental Security Income benefits that the Social Security Administration provides to a parent for the parent's own benefit or to a parent due to the disability of a child.
• Subd. 20. Support money; child support. "Support money" or "child support" means an amount for basic support, child care support, and medical support pursuant to:(1) an award in a dissolution, legal separation, annulment, or parentage proceeding for the care, support and education of any child of the marriage or of the parties to the proceeding; (2) a contribution by parents ordered under section 25687; or (3) support ordered under chapter 518B or 518C.
• Subd. 21. Support order. (a) "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or administrative agency of competent jurisdiction:(1) for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state; (2) for a child and the parent with whom the child is living, that provides for monetary support, child care, medical support including expenses for confinement and pregnancy, arrearages, or reimbursement; or (3) for the maintenance of a spouse or former spouse.(b) The support order may include related costs and fees, interest and penalties, income withholding, and other relief. This definition applies to orders issued under this chapter and chapters 256, 257, 518, and 518C.
• Subd. 22. Survivors' and dependents' educational assistance. "Survivors' and dependents' educational assistance" are funds disbursed by the Veterans Administration under United States Code, title 38, chapter 35, to the child or the child's representative payee.

Copyright © 2007 by the Office of the Revisor of Statutes, State of Minnesota.  All rights reserved.

Parties to Hennepin County divorce and custody proceedings must appear before the judge assigned to their case as early as three to four weeks after the filing of the initial papers.

The first appearance in Hennepin County Family Court  is called an Initial Case Management Conference (ICMC). Below is an article written by the Honorable Lucy Wieland, Chief Judge of the Fourth Judicial District.

Reducing the Pain of Divorce
Lucy Wieland, Chief Judge of Fourth Judicial District - February 13, 2007

Divorce is never easy. The pain and loss to family members are immeasurable Over the last three years, the HENNEPIN COUNTY FAMILY COURT has focused on reducing the trauma of divorce by undergoing a quiet but dramatic transformation in how divorces are handled. Today, families can go through Family Court quickly, economically, and with less acrimony by agreeing to use up to three innovative programs and by negotiating in good faith.

It starts with the Initial Case Management Conference (ICMC), which occurs about three weeks after the parties' DISSOLUTION or PATERNITY case has been filed. Here, the parties and their attorneys meet with their assigned judge in an informal setting, everyone speaks freely and an attempt is made to resolve as many issues as possible. To help resolve any remaining issues, the parties may select from a menu of specifically designed settlement programs.

If the parties need help resolving financial issues, such as spousal maintenance or dividing marital assets, they can choose the FINANCIAL ISSUE EARLY NEUTRAL EVALUATION (FENE) PROGRAM. A neutral expert compiles all the necessary financial information, listens carefully to the parties' respective positions, studies the material, offers candid assessments regarding the strengths and weaknesses of each issue and helps the parties negotiate a resolution. The expert’s fees are determined on a sliding scale basis at a fraction of the normal rate. To date, 70 percent of the cases have settled entirely, averaging 59 days to resolution, and costing less than $1,000 for neutral expert fees. While the parties may incur additional charges for their lawyers, overall they end up paying a fraction of the costs associated with traditional divorce litigation and the whole process is completed in less than three months.

Hennepin County also offers a SOCIAL ISSUE EARLY NEUTRAL EVALUATION (SENE) designed to resolve custody and parenting time issues. Because it is extremely important to keep children out of the middle of messy divorce proceedings, the SENE is designed to happen even faster than the FENE. Parents selecting the SENE process are matched with two custody experts, always one male and one female, who meet with the parties, listen carefully to their respective positions, gather any necessary additional information, consult with each other to determine whether they view the issues the same way, and then provide the parties with their candid assessments and negotiate a settlement, all within thirty days after the initial case management conference. So far, 60-65 percent of all SENE referrals result in total settlements, while another 20 percent result in partial settlements.

Families opting for the SENE program often save a college education worth of costs and expenses, minimize emotional harm to their children, and discover that they can co-parent in a civilized, respectful way despite their divorce Even when the entire case does not settle, partial settlements result in far less expensive proceedings, with less potential harm to the children.

Occasionally, parents return to court because one wants to modify the existing custody arrangements. The Ready Response Program directs the parents and child to a custody evaluator serving as the Ready Response officer of the day. The Ready Response officer meets with the parents and child on an emergency basis and reports back to the court and the parents on the same day.

For example, a mature teenage girl may be telling her mother that she wants to move in with her; and telling her father that she wants to remain living with him. Both parents come to court believing that they are following the child's wishes. Rather than go through long drawn out litigation to determine the child's true preference, the Ready Response Program may be utilized. The Ready Response officers are skilled interviewers and can help determine what the child really wants. It is often much easier for a child to be candid in a setting that does not require the child to say something in the presence of a parent that might hurt that parent's feelings. On many occasions the Ready Response interview provides enough valuable information that the parents are able to negotiate a resolution and avoid a protracted court battle.

For more information on these and other programs, visit FAMILY COURT on the web. (See Links.)

For a consultation with a Hennepin County divorce attorney, please contact attorney Chris Banas at 651-361-8109.  He has written numerous articles on information on Minnesota Divorce, Child Support & Spousal Maintenance, Custody & Parenting Time and More.  Learn more about Hennepin County Custody and Parenting Time and the Do's and Don'ts of Hennepin County Family Court Proceedings.