Champlin Divorce Attorney
Divorce is difficult emotionally, financially, and even more difficult when children are involved. Even if a divorce is uncontested, it still has that element of finality that is painful because, at one time, you thought your spouse was going to be the person you spent the rest of your life with. Now may be the time to speak with a Champlin divorce lawyer to help you achieve an outcome that will allow you to maintain your standard of living.
There are two types of custody. The first is legal custody. Legal custody involves a role in making major decisions for a child, such as those involving education, the welfare of the child, and healthcare. The second is physical custody, in which a parent provides shelter, and the day-to-day care, for the child. There are 13 key areas that the court looks at, including what the child’s relationship with each parent is like, cultural and religious factors, and the child’s wishes. Which parent receives custody, that parent’s income, and how much parenting time the non-custodial parent receives with the child will determine how much child support is awarded to the custodial parent.
There are three primary components to child support in Minnesota and they include basic support payments, child care support, and medical support. The court follows a specific set of guidelines when determining the amount of child support payments, which includes the income of both parents. The appropriate percentage of the non-custodial parent’s income will be allocated. Failure to pay child support can result in very strict penalties. If you don’t receive child support payments as ordered by the court, then you can talk to your Champlin divorce lawyer about what the next step should be.
Another issue that divorcing couples almost always have to face involves a division of the marital property. If the couple acquired property together, then that property may be divided the way the court deems appropriate. Property division is almost always 50/50. If one spouse makes a lot more money than the other and has the potential to easily rebuild their life, then the spouse with less money may be awarded more assets to offset the difference in income.
If you are an individual who was a homemaker, you are not employed, or your current income is not enough for self-support, you can seek alimony. The judge may award alimony for a certain period of time, giving you enough time to find a better job or go to college and receive a degree that will increase your earning potential. Alimony can also be permanent.
Attorney’s Fee Awards
If you are unable to meet the cost of your legal fees, you can seek an award of legal fees from the other party. There are two instances in which the court can award these fees and they are: need-based and fault-based. The court will find the awarding of fees to be need-based when the fees are necessary for the party to assert their rights, if there is an inability to pay them, and if the party from whom the fees are sought has the means to pay them. Fault-based payment occurs when the court finds that one party contributed to an unreasonable delay to the divorce proceedings, or caused the process to draw out without cause. This can happen when a party doesn’t provide necessary discovery responses, files frivolous motions, fails to appear in court, and other such action or inaction.
Contact a Champlin Divorce Attorney
Divorce can be difficult, but it can be the first step toward moving on with the rest of your life. At the Brown Law Offices, P.A., you always get a free consultation, so you can learn about your rights and your options. To schedule yours, call 763-323-6555, or complete our free case evaluation form.