Questions Answered by Lisa Watson Cyr

Q: Is a spouse automatically entitled to spousal maintenance?

1 Answer | Asked in Divorce for Minnesota on
Answered on Apr 9, 2018
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.

Q: What happens if I can't refinance my mortgage in a divorce decree?

1 Answer | Asked in Divorce for Minnesota on
Answered on Apr 9, 2018
Lisa Watson Cyr's answer
It depends on what your divorce decree indicates as the result of you not refinancing on schedule.

Q: I want to go back to my mother

1 Answer | Asked in Family Law for Minnesota on
Answered on Apr 9, 2018
Lisa Watson Cyr's answer
You need to talk with your parents as to your reasons for wanting a change in the time you spend with each of them.

Q: My daughter was recently bitten in the face at her mom's boyfriend's house and received over 100 stitches, can I sue

1 Answer | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for Minnesota on
Answered on Apr 9, 2018
Lisa Watson Cyr's answer
Most likely, but you need to talk with an attorney as soon as possible to go over the specific facts of the unfortunate attack.

Q: In Minnesota, at what age can my children decide which parent they want to live with?

1 Answer | Asked in Divorce and Family Law for Minnesota on
Answered on Mar 12, 2018
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.

Q: A friend is going off to treatment, so clearly won't have income, is he still obligated to pay child support?

1 Answer | Asked in Family Law and Child Support for Minnesota on
Answered on Mar 6, 2018
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.

Q: I am going to get divorced, but need a new car. If I buy a car and it's only in my name can she take it after the div.

1 Answer | Asked in Divorce for Minnesota on
Answered on Mar 5, 2018
Lisa Watson Cyr's answer
If you purchase a car before the divorce with monies considered marital such as your earnings, then the net value of the vehicle could be part of the division of property.

Q: Applicable state domestic relations law citation in Minnesota

1 Answer | Asked in Divorce and Family Law for Minnesota on
Answered on Mar 2, 2018
Lisa Watson Cyr's answer
For division of property in a Minnesota divorce, the applicable statute is Minnesota Statute Section 518.58.

Q: A marriage of 30+ years, Children are selfsufficient ages 25 & 28. Do we file MN dissolution with or without children?

1 Answer | Asked in Family Law and Divorce for Minnesota on
Answered on Feb 23, 2018
Lisa Watson Cyr's answer
Because your children are no longer minors, your dissolution filing status would be "without" children.

Q: Help with family law, i have an existing custody and visitation court order since 2009. How do I do a modification?

2 Answers | Asked in Family Law and Child Custody for Minnesota on
Answered on Feb 20, 2018
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.

Q: What does extracurricular activities above and beyond the standard schooling curriculum include?

1 Answer | Asked in Family Law and Child Support for Minnesota on
Answered on Feb 15, 2018
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...

Q: Want to go back to my maiden name and hyphenate my son (3)to my maiden and my ex’s last name. Will a judge allow it?

1 Answer | Asked in Family Law for Minnesota on
Answered on Feb 15, 2018
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

Q: His attorney has asked me to send her my pay stubs, taxes, w2 etc To modify child support

2 Answers | Asked in Child Support for Minnesota on
Answered on Feb 9, 2018
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.

Q: My ex is not a good dad or person. He's slapped his other two girls alot when I was with him. If he tries for parenting

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Answered on Feb 7, 2018
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.

Q: What if my sons father is not following our stipulation agreement? Child support, his portion of expenses, etc....

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Answered on Feb 6, 2018
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.

Q: My ex wife signed my son up at Huntington learning center without my consent and is now demanding I pay my half of the

2 Answers | Asked in Family Law and Child Support for Minnesota on
Answered on Feb 5, 2018
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.

Q: My ex is remarried and has a great job and makes more than me. Can I take her to court to get my pension back?

1 Answer | Asked in Divorce for Minnesota on
Answered on Feb 1, 2018
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.

Q: I am divorced. There was a parcel of land miss in the divorce. Do I still maintain ownership of said land? I live in MN.

1 Answer | Asked in Divorce for Minnesota on
Answered on Feb 1, 2018
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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