Minnesota Divorce Laws- Dissolution of marriage

Minnesota Child Support

In general terms, state divorce laws specify MN child support amounts by multiplying the payer's net income by the percentage indicated in the following table. Number of children appear along the top row (1 through 6). Minnesota child support will be paid based on the following table:

For those parents whose incomes exceed the income limit, they will be ordered to pay MN child support as if their income was equal to that limit. In other words, child support is capped in Minnesota equal to the limit. Minnesota child support is configured using the individuals' monthly income minus any of these:

	Federal Income Tax
	State Income Tax
	Social Security Deductions
	Reasonable Pension Deductions
	Standard Deductions apply
	Union Dues use of tax tables
	Cost of Dependent Health recommended Insurance Coverage
	Cost of Individual or Group Health/Hospitalization Coverage or an Amount for Actual Medical Expenses and
	A MN Child Support or Maintenance Order or an out of state order that is Currently Being Paid

Minnesota child support terminates at age 18, or at age 20 if the child is attending a school of secondary education.

Are you just starting out with divorce, and need a blueprint, or guidance, without it costing an arm and a leg? You will be well served by developing your own Parenting Plan, Visitation Schedule and Child Custody Schedule thereby avoiding the court's uncertain parenting time allocation. These plans will be developed in any case, and if you and your divorcing spouse don't make agreements between yourselves, the court will, and the court's plan may not be as "fair" as your agreements might be.

Minnesota Child Custody

Throughout Minnesota divorce laws, the best interests of the child prevail. Minnesota defines that as it relates to child custody by considering any or all of the factors below:

	The wishes of the child's parent or parents as to custody;
	The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference;
	The child's primary caretaker;
	The intimacy of the relationship between each parent and the child;
	The interaction and interrelationship of the child with a parent or parents, siblings, and any other person who may significantly affect the child's best interests;
	The child's adjustment to home, school, and community;
	The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
	The permanence, as a family unit, of the existing or proposed custodial home;
	The permanence, as a family unit, of the existing or proposed custodial home;
	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;
	The child's cultural background;
	The effect on the child of the actions of an abuser, if related to domestic abuse that has occurred between the parents or between a parent and another individual;
	The disposition of each parent to encourage and permit frequent and continuing contact by the other parent with the child.

The court will not consider conduct of a proposed custodian that does not affect the custodian's relationship to the child. It will consider any evidence of false allegations of child abuse in determining the best interests of the child.

The court will presume that joint legal custody is in the best interests of the child. Evidence to the contrary can be presented that contests that presumption, or the court can, in its own discretion, make orders for one parent to be awarded sole custody.

The court will grant the following rights to each of the parties:

	Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, and other important  records and information about the minor children.
	Each party has the right of access to information regarding health or dental insurance available to the minor children.
	Each party will keep the other party informed as to the name and address of the school of attendance of the minor children.
	Each party has the right to be informed by school officials about the children's welfare, educational progress and status, and to attend school and parent-teacher conferences. The school is not required to hold a separate conference for each party. In case of an accident or serious illness of a minor child, each party will notify the other party of the accident or illness, and the name of the health care provider and the place of treatment.
	Each party has the right to reasonable access and telephone contact with the minor children. The court may waive any of the rights under this section if it finds it is necessary to protect the welfare of a party or child.

When parenting time is contested, the parents of a minor child will be ordered to attend a minimum of eight hours in an orientation and education program that meets the minimum standards stipulated by the Minnesota Supreme Court.

Are you just starting out with divorce, and need a blueprint, or guidance, without it costing an arm and a leg? You will be well served by developing your own Parenting Plan, Visitation Schedule and Child Custody Schedule.

Visitation
Co Parenting

Parents together have the option of constructing a co-parenting regimen a.k.a. visitation, using a Parenting Plan and Child Visitation Schedule. However, should communication breaks down, a parenting plan imposed by the court will be made a part of the divorce decree and both parents are required to comply with that parenting plan. Simply put- if you want the most flexibility, and the most agreement, get with your divorcing spouse and get the plans agreed to. If not, you get what you get, and it may not be chocolates.

In the event you are able to agree, consider all issues to be included in your agreement and leave nothing to interpretation. Be as specific as you can including the right language in your agreement. How is the decreed custody defined? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time?

How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners stay overnight in front of the children? Or..a simple way to get the job done is to use Parenting Plan software.

If the court decides, it will likely include in the Visitation Plan: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer.

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. Know divorce laws in this state. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.   

Spousal Support
Alimony
Maintenance

A court in Minnesota, in a petition for a dissolution of marriage or legal separation, may grant a maintenance (also known as alimony or spousal support) order for either spouse if it finds that the spouse seeking alimony or maintenance:
(a) lacks sufficient property, including marital property apportioned to the spouse, to provide for reasonable needs of the spouse considering the standard of living established during the marriage, especially, but not limited to, a period of training or education, or
(b) is unable to provide adequate self-support, after considering the standard of living established during the marriage and all relevant circumstances, through appropriate employment, or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home. The alimony or maintenance order can be either temporary or permanent, as the court deems just, without regard to marital misconduct. The court may consider relevant factors including:

	The financial resources of the party seeking maintenance, including marital property apportioned to the party, and the party's ability to meet needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
	The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, and the probability, given the party's age and skills, of completing education or training and becoming fully or partially self-supporting;

	The duration of the marriage and, in the case of a homemaker, the length of absence from employment and the extent to which any education, skills, or experience have become outmoded and earning capacity has become permanently diminished;
	The loss of earnings, seniority, retirement benefits, and other employment opportunities forgone by the spouse seeking spousal maintenance;
	The age, and the physical and emotional condition of the spouse seeking maintenance;
	The ability of the spouse from whom maintenance is sought to meet needs while meeting those of the spouse seeking maintenance; and
	The contribution of each party 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 or in furtherance of the other party's employment or business.

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