Lisa Watson Cyr's answer A spouse is not automatically entitled to spousal maintenance. The court must consider the factors set forth in Minn. Stat. Sec. 518.552 in making a determination whether to award spousal maintenance.
Lisa Watson Cyr's answer There is no stated age upon which a child is able to decide who they want to live with; however, the reasonable preference of a child is one of the factors the Court will consider in determining what is in the child's best interest. As the child gets older and more mature, the child's preference may be given greater weight by the Court as to the issues of custody and parenting time.
Lisa Watson Cyr's answer To seek relief from a child support obligation, your friend should bring a motion to modify or suspend the child support order during the period he will not be earning an income.
Lisa Watson Cyr's answer If your current parenting time order was based on you living in state, then you likely will need to seek a modification of the parenting time so that it is a better fit for your current circumstances. You can seek a modification of parenting time by bringing a motion. A child deserves to have the benefit of a healthy, stable relationship with both parents.
Lisa Watson Cyr's answer An agreement to share extracurricular activity expenses is an obligation that is in addition to the guideline basic, medical and childcare support order. Based on the information you provided, it appears you and your ex-wife agreed to equally share the cost of extracurricular activities for the children without defining exactly what those activities include. Without any specific activities identified in your decree, "extracurricular activities" may include all of the activities you indicate...
Lisa Watson Cyr's answer To seek a name change for your minor child, you will need to follow the correct procedure. The following link provides the forms and instructions you would need if you plan to seek the name change for your son without an attorney: www.mncourts.gov/Documents/4/Public/Forms/Name_Change_Minor_Sept_2014.pdf
Lisa Watson Cyr's answer If an action for child support has been commenced, or there is a child support order in effect, both parties have the right to request copies of the other party's latest federal income tax return, W-2, and 1099s every two years pursuant to Minnesota Statute Section 518A.28.
Lisa Watson Cyr's answer The Court will determine parenting time after considering what is in the child's best interest based on the factors set forth in Minnesota Statute Section 518.17. Based on the information you have provided, it appears there may be good cause to seek supervised or restricted parenting time.
Lisa Watson Cyr's answer If your son's father is not paying his court-ordered child support, you have a few options. If he is working, you may want to apply for income withholding services through the appropriate county. You also have the option to bring a motion seeking to have your son's father held in contempt for non-payment of support.
Lisa Watson Cyr's answer If your decree does not specifically require you to contribute to this type of expense, then there is a good chance you would not be held liable, especially where your ex-wife incurred the expense on behalf of your child without your knowledge or advance agreement.
Lisa Watson Cyr's answer A property settlement in a divorce is final upon entry of the decree, subject to the right of appeal. A decree may be reopened under certain circumstances specified by statute within one year following the entry of the decree; however, barring any other relevant facts, the reasons you have indicated for seeking to change the property settlement, unfortunately, do not provide a basis for reopening your decree.
Lisa Watson Cyr's answer If your divorce decree is silent regarding real or personal property owned by you or your ex spouse as of the valuation date, the property is considered omitted property and the Court may still have jurisdiction to award the property to you or your ex spouse.
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