keeping each other informed about the child’s friends, activities, and eventsRead More
Within each age and stage of development children are working to learn developmental tasks. Major changes in the child’s life or environment can impact the child’s ability to master new developmental tasks. Each child is unique and all children do not progress at the same rate.
For example, some six-year-old children progress quickly and do what might be typical of an eight- year-old child, while other six-year-old children progress more slowly and do what might be typical of a five-year-old child. Over the next several weeks, these blog posts should provide a list of developmental considerations that are likely to be important in creating a parenting time schedule.Read More
A: The custodial parent is entitled to claim a child as a dependent, unless the custodial parent affirmatively waives the right to claim the exemption in writing, and the writing is attached to the noncustodial parent’s tax return. The dependency exemption is negotiable and may facilitate agreement on child support.Read More
The custodial parent is entitled to claim a child as a dependent, unless the custodial parent affirmatively waives the right to claim the exemption in writing, and the writing is attached to the noncustodial parent’s tax returnRead More
No. A court has no authority to order payment of college or private school tuition absent an agreement. However, such agreements are enforceable when made part of the stipulationRead More
The stipulation must include written findings that state ach parent’s gross income;Read More
One purpose is to secure for each child alleged or adjudicated in need of protection or services and under the jurisdiction of the court, the care and guidance (preferably in the child’s own home) as will best serve the spiritual, emotional, mental and physical welfare of the child.Read More
After a report is made, it is first “screened” to see if it meets criteria to be assigned for a Child Protection Services (CPS) response. These criteria should be dictated by a state statute, but many mandated reporters and lawyers see significant variation in how state statutes are interpreted or applied at the initial screening stage of the processRead More
Sixth Standard: R-E-L-A-X
Often time cases are made more difficult because parties love to text each other. Now we all text message in both our professional and personal lives. However, in the context of a family law matter, clients must be aware of the risks that come with text messaging. A lot of clients are aware that they should not be talking on the telephone with the other party as that’s only going to lead to an argument. The inability to consistently get someone on the telephone increases the advantage of text messaging – just text and they’ll get it when they read it. Oftentimes text message communications go too far.
It’s entirely too easy to respond to a text message quickly and without consideration. Though we generally encourage clients to use text messages to acknowledge emergencies or delays where email would be inconvenient, such practice should be limited. Though email tends to be a little slower and a little more onerous, the average typing ability still allows people to better articulate themselves than typing everything with thumbs. Text messaging encourages abbreviations, brevity, and emojis-many of which parties wish they could take back after they’ve been sent.
Hence, the last principle is to relax. By this I mean, you don’t need to respond to every communication right away. With the principle of relaxing, I challenge you to do the following practice: determine more than one way to respond. Conceptually give in to your base instincts and determine how you want to respond. Then, because you’re challenging yourself to think of more than one response, perhaps you’ll think about any of the above principles to come up with another way to respond. Perhaps the second way you’re thinking about is the kind respond. Perhaps another one is focused on what’s best for the children. Perhaps the third one does both of those and demonstrates your understanding. If you relax and think of more than one response in time principles of this blog post will easily guide you as to which response to send.
If you really want to impress a Judge, assuming a Judge ever asked to see your communication, use this trickRead More
You and the other party may have some serious disagreements. The fact that the other party is taking those positions out of spite or in denial of the facts may complicate your disagreements further.Read More
If your case is one with minor children born to you and the other party, what’s in the best interest of your children is your North Star and guiding lightRead More
This blog post addresses all circumstances of communication. Given that you are reading this post, it probably means that you and the other party do not get along well in your matter.Read More
In today’s day and age text messages, emails, voicemail recordings, and even recorded phone calls (let’s not also forget body cams) virtually guarantee that everything you say and do relative to what happens to your children and how you interact with the other party in your court case is documentedRead More
It is not uncommon for the parties in a family law action to communicate and make decisions as they always have beforeRead More
Imputation of Income comes into play with both calculating spousal maintenance and child support.Read More
Q & A: A client agreed in a divorce decree that she would not ever ask for a child support adjustment. The decree says that ‘if she does, any increase will be returned to the husband as an additional property settlement.’ The client now wishes to as for an increase in child support. Is there any authority for voiding such a clause or being granted a modification despite this clause in the decree?Read More
Child support is money the non-custodial parent pays to help support the children. Buying gifts, food, or clothing for the children does not count as child support.Read More
Under Minnesota law, divorce is called dissolution of marriage.Read More