- Are you or your spouse contemplating a divorce?
- Have your financial circumstances changed since your divorce and you are now paying more child support than you can afford?
- Do you want to legally adopt your step-children?
Going through a divorce or custody battle can be extremely stressful, financially challenging and emotionally draining. When deciding on a lawyer to represent you in a family law situation, you need to choose a lawyer with experience and knowledge to help you get the results that you seek. At Matt Legal, we not only have the experience and knowledge that you need, but we also have compassionate, personable and understanding attorneys that are here to help you through one of the most stressful time in your lives.
Matt Legal Services, LLC can help you determine how to proceed with your family law issues. For more information about the process involved in divorce, custody, child support, adoption and other family law issues, contact us at (763) 682-2247 to further discuss your needs.
Divorce Basics
Minnesota is a no-fault divorce state - meaning either party can request (and receive) a divorcewtihout having to show that the other party did something "bad". Divorces can be contested and uncontested. In an uncontested divorce, the parties are able to agree on how assets and debt should be divided, who should have custody of the children, the amount of parenting time each parent will have with the children, etc. If the parties are able to agree on these issues, they enter into a stipulated agreement which is eventually submitted to a judge for review and approval (they may also be required to attend a court hearing in some circumstances). In contested proceedings, the parties typically try to resolve their differences at mediation and then, if they have not been able to resolve the issues, they will have a trial and let the judge decide the issues.
Child Support Basics
Both parents legally obligated to contribute financially to the care and well-being of their children. Typically, the payment of child support continues until a child reaches 18 or graduates from high school, whichever is later.
Child support in Minnesota includes three components: Basic support payments, medical support and child care support.
Minnesota has a specific set of guidelines for calculating child support. Theses guidelines encompass the income of both parents and the amount of time each parent spends with the children. The income of each parent is compared and a percentage of the money required to raise a child each month is divided proportionally.
Modification of child support may occur at the request of either parent, so long as there has been a "substantial change in circumstance" that makes the terms of the prior arrangements unfair or unreasonable.
The court treats child support and parenting time as two separate issues. A failure to pay child support will not affect parenting time with your child. When a court determines parenting time, it will only be concerned wit h the best interests of the child. The failure to pay support is not a legally valid reason to deny or restrict parenting time.
Adoption Basics
Couples who have children from a prior marriage oftentimes want their new spouse to adopt those children through what is commonly referred to as a "step parent adoption." This process involves obtaining the consent of the biological parent to the adoption and then filing an adoption petition with the Court. A background check is performed on the adopting step parent and a home study is completed so that the court can be assured that the prospective adoptive parent is appropriate for the adoptee. A typical step-parent adoption takes about 6-8 weeks from the time the petition is filed.
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Family Law
