Divorce can be difficult or it can be easy. If a divorce is heavily contested by one or both parties, mediation may be needed or the case can go to trial and a judge can make the final decisions. Contested divorces typically involve custody and child support, spousal support, property and debt division, and a variety of other issues.
In the case of an uncontested or collaborative divorce, the parties are able to agree on all or most terms, including any involving children, support, property, and debt. Even if the divorce seems “easy,” you still have to have a Minneapolis divorce lawyer working for you so that you are able to ensure a smooth process.
Minnesota Child Support
The non-custodial parent is to pay child support to the custodial parent until the child reaches the age of 18 or graduates from high school, whichever occurs last. There is a specific set of guidelines that must be followed when determining how much child support needs to be paid. The amount is going to depend upon the income of both parents and how much time each parent spends with the child. The guidelines take the parenting time and then they compare the income of both parents and use those numbers to meet the percentage of money that is required to raise a child.
If an individual fails to pay child support, there are consequences that include license revocation, tax refund garnishment, occupational license suspension or denial, recreational license revocation or denial, car lien, passport revocation, collections, credit report damage, interest on past due support, freezing of bank accounts, and prison time. If one parent denies the other parenting time, this has no bearing on child support owed, as these are both separate issues.
There are two types of custody in Minnesota. They are legal and physical custody with legal meaning a parent is responsible in making major decisions for the child, such as their education, health, and welfare. Physical custody is the care of the child. Child custody is a sensitive matter in that the child is going to live with one parent (sole custody) and have visitation with the other or the child may split their time between both parents (joint custody).
What kind of custody arrangement is had will depend upon what is in the best interest of the child. Your experienced Minneapolis divorce attorney is going to help you with this. The court uses a 13 point evaluation to determine what is best for the child, such as who primarily takes care of them, if the child is of age to make the determination on their own, the wishes of the child and the parents, the cultural background of the child, if any kind of domestic abuse has occurred, the type of interaction the child has with their parents and any siblings, the mental and physical health of all involved (excluding any disabilities the parent may have), and the position each parent holds on allowing the other parent to have a relationship with the child. You will be guided through this process to make it as easy as possible.
Contact A Minneapolis Divorce Attorney
If you are going through a divorce involving children or you have already completed the divorce and have child support and/or custody disputes, an experienced and knowledgeable attorney can help you work through such disputes and find the best possible outcome in the case. Contact the Anderson Law Firm for a free consultation at 612-332-3100.