In terms of housing expense, best to make a simple budget outlining all expenses associated with the home, including the mortgage principal, taxes and insurance. Other expenses to consider include a second mortgage (or line of credit payment), maintenance expenses (such as snow removal or lawn care), cleaning expenses, major repairs, heat, water, gas, garbage, phone, cable and internet.

In terms of determining the marital equity, you must first determine the value of the residence relative to any encumbrances outstanding against the property. In determining value, we often rely on a realtor’s market analysis, a formal appraisal or the tax assessed value. The most recent mortgage statement(s) will provide the value of the present offset against the property.

Just because equity may exist in the home does not mean that the equity is equally divided among the parties. The non-marital interests of each party must be considered. Non-marital interests typically involve one party making some, or all, of the down payment on the residence with pre-marital home equity or savings. In other cases, a non-marital interest is created by spending down the mortgage with an inheritance received during the marriage.

The actual equity is likely to be less in light of potential sale costs. Realtors typically charge between five and seven percent for their services. In addition, some expense may be necessary to make the home marketable.

Another consideration involves the tax implications of sale. The sale of real estate usually does not result in a tax consequence. But, if you have moved a lot in recent years, or the relevant property is not your primary residence, capital gains may apply.

Finally, it makes sense to explore general market trends. Does it make sense to hold the home if, as in the recent past, property values are falling?

The disposal of residence can take three forms: (1) traditional sale; (2) short sale; and (3) foreclosure. The only method upon which parties realize equity, naturally, is a traditional sale. Both a short sale and foreclosure will result in no equity to divide, along with a hit to the owner’s credit rating.

The sale proceeds, so long as entirely “marital” are typically divided equally among the parties following sale. In some cases, however, one spouse will receive a portion of the other spouse’s equity as an offset for some asset of value taken by the other spouse.

If one of the parties wishes to remain in the homestead, they must somehow satisfy the equity interest of the other party. This can be accomplished in a number of ways, including: (1) a refinance and payment to the exiting spouse; (2) an installment loan payable to the exiting spouse; (3) allocation of some other asset of value in exchange for the equity of the exiting spouse; or (4) a lien in favor of the exiting spouse.

As the housing market recovers, couples are, once again, facing the prospect of dividing equity within their home as part of the marital property distribution. Do you have questions about an issue surrounding the treatment of home equity? Contact a MN divorce lawyer with our firm for a free consultation.

Can it really happen? Can a child of divorce be well-adjusted? Yes. If the parents are prepared to work really hard to ensure it.

Here are some suggestions on effective co-parenting during (and after) divorce:

• Keep the child in regular contact with the other parent, whether by phone, e-mail or video;
• Maintain a predictable schedule for the child;
• Promptly respond to communication from the other parent;
• Exchange the child on time, avoiding controversial topics with the other parent;
• Permit the child to bring special things to the other parent’s residence;
• Maintain a routine that is relatively consistent with the other parent, including rules and discipline methods;
• Encourage the child to maintain contact with extended family members on both sides;
• Remain flexible for special events that are likely to come up on your “off” time;
• Judges often encourage parents to treat each other in a “business-like” manner;
• Respect the child’s activity and school schedule in planning vacations; and
• If the other parent is getting on your nerves, bite your tongue and walk away.

I can share lots of war stories (another time) about the inappropriate things parents do to their children. As divorce often brings out the worst in otherwise good people, here are a few things to avoid:

• Asking your child to “choose” between mom and dad;
• Interrogating your child about their time at the other parent’s residence;
• Criticizing the other parent;
• Using your child as a therapist; and
• Involving your child in information gathering.

In addition to the fact that your conduct will have a direct impact on the emotional well-being of your child, it is mission critical to “take the high road” for the sake of standing out (positively) to a custody evaluator or judge. Even if your spouse is acting like the world’s biggest idiot, the last thing you want to do is give the ultimate decision-maker the difficult task of deciding which parent is bad and which one is badder.

According to the tax code, a parent who cares for the children more than six months out of the year is the parent who has the right to claim a child as a dependent.

Oddly, even though federal law trumps state law, Minnesota judges often award exemptions to parents who care for a child for less than six months out of the year. It is not uncommon for a non-custodial parent to be awarded the right to claim a child as a dependent. Judges often cite the notion that both parents are liable for supporting the children and, therefore, both parents should be able to realize the economic benefits located within the tax code.

If the parties have an odd number of the children, the exemptions are often allocated so that each parent claims the same number of the children, with the remaining child rotated each year.

If the parties have an even number of children, the exemptions are divided equally, until the oldest child emancipates. Thereafter, most parties begin rotating the “odd” child.

In rather rare situations, the Court may allocate the exemptions on a year-by-year basis. Each tax season the parties must meet with the Court, with the task of demonstrating some tangible economic benefit in claiming an exemption. If one party realizes no benefit, and the other does, the Court is likely to award the exemption to the benefitted party for that particular year.

Many parents claim emancipated children as dependents on their income tax return, especially in situations in which a child is attending college. Once a child turns 18, the child (now an adult) may decide which parent will claim the dependency exemption. Or, the child may choose to claim themselves, for purposes of their own individual income tax return.

The fact that a custodial parent is often required to give up an income tax exemption isn’t necessarily a bad thing. Usually, a non-custodial parent’s right to claim such an exemption is contingent on being current in all child support obligations on December 31 of the relevant tax year. This added incentive can ensure that timely support payments are made.

Tax season is upon us. Do you have a question about the income tax exemptions related to your minor children? Our experienced divorce and family law attorneys are here to help. Call (763) 323-6555 for a free consultation.

A trip to Vegas. Missing family heirlooms. Skyrocketing credit card charges. Disappearing cash. False allegations of domestic abuse. We’ve nearly seen it all.

Here are a few things to keep in mind if you want to protect your interests:

Personal Property: We often recommend taking a few minutes to document the contents of the marital homestead (including the garage) with a video camera. If items suddenly dissappear, you will have a tangible inventory to rely upon. You are free to remove any items of sentimental value, and may choose to store them at the home of a friend or family member.

Bank Accounts: We typically suggest removing one-half of the balances resting in joint checking or savings accounts, and placing those funds into a new individual account. While the law technically allows you to withdraw the entire amount, a judge may not look favorably upon doing so. All funds will ultimately be accounted for, but an early withdrawal will protect your cashflow by preventing your spouse from taking it all.

Retirement Accounts: Most retirement accounts are named individually, and need no immediate protection. However, if you have a joint retirement, or investment, account, it probably makes sense to notify the plan administrator, or broker, of the pending divorce. Withdrawals may be temporarily suspended, or require the signature of both parties.

Credit Cards: Best to contact joint credit card providers and reduce the line of credit, if possible. If the creditor will allow, joint accounts should be closed, with new, individual, accounts opened in the name of each spouse.

Interaction: Don’t position yourself for the issuance of an order for protection or harassment restraining order. While you are free to remain in the same home as your spouse, be cautious in terms of emotional interaction with each other. Walk away if things get heated. You sacrifice nothing by doing so.

Chemical Use: If your spouse abuses alcohol or drugs, you should document any evidence of use through photos, or retrieval, of the substances and paraphenalia. Document dates by placing the day’s newspaper next to the materials you photograph.

Online Accounts: Change all e-mail and social media account passwords. Both are increasingly used against litigants through unauthorized access. As important, remove inapporpriate photos or posts from sites such as Facebook, Twitter or Google Plus, and keep your ongoing uploads conservative.

Electronics: Keep your computer, tablet or smart phone away from your spouse. These items hold not only private information about you, but are likely to contain electronic correspondence to and from your attorney concerning case strategy.

Estate Planning: Many overlook the need to revisit their estate plan at the onset of divorce. A reputable estate planning lawyer can work with you to modify your will, power of attorney or health care directive. If left unaltered, your soon-to-be ex may receive more than you now wish.

Notebook: A description of specific dates, times and conduct can prove to be critical in the preparation for a custody evaluation or trial. Invest a few dollars in a small notebook to log everything that goes on in terms of parenting. You can also dedicate a section of the notebook to questions that are certain to arise throughout the divorce process. Write them down, and contact your lawyer when you have several that need answering. Getting answers to groups of questions can be more cost-effective than calling counsel everytime something comes to mind.

We hope you find these tips helpful. Honestly, the best way to protect your interests involves retaining a good lawyer to represent you. Our attorneys, with years of family law experience, offer free consultations to all potential clients. We invite you to call us at (763) 323-6555, or you may wish to contact us by completing our free online consultation form.

Because traditional litigation and the early neutral evaluation process are inherently inconsistent with one another, litigants must choose whether to seek a motion for temporary relief, or participate in the alternative dispute resolution model. For the vast majority of our clients, we recommend participation in a financial early neutral evaluation or a social early neutral evaluation, or both.

However, there are limited circumstances in which an early neutral evaluation is not appropriate. These cases can include situations involving domestic abuse, or the dissipation of marital assets by one of the parties.

In seeking a motion for temporary relief, we begin by filing a notice of motion and motion. This formal notice sets forth the specific relief that our client is seeking, and indicates the time and place of the relevant hearing.

The Minnesota Rules of Family Court require the parties to submit an affidavit in support of their motion. Motions are typically decided by the court on paper only, without testimony from the parties. As a result, significant time is devoted to the preparation of this sworn written testimony from our client. We also attach all the relevant exhibits that support the claim(s) of our client.

In addition to the affidavit of our client, we often include supplemental affidavits from third parties. They may include statements from friends, family members, or daycare providers who have direct knowledge and information concerning the situation that the parties are involved in.

Finally, the court requires the parties to submit a financial disclosure form. This form discloses all of the relevant assets and liabilities of the marriage, along with the relevant income and budgets of each party. It gives the court a snapshot of the financial position of the litigants.

Once all the relevant documents are drafted and executed, we serve them upon the opposing litigant, or his or her lawyer. This must be done at least 14 days ahead of the hearing date. They, then, have an opportunity to offer a written response of their own.

Typically, motion hearings do not involve any sort of testimony from the parties. Instead, the lawyers will argue the motion based upon the written affidavits that have been submitted.

On rare occasions, the court will issue a decision right from the bench. More often, however, the court will take a week or two to think about the situation, and offer a written opinion by mail.

Have further questions about a motion for temporary relief in family court? We’re happy to speak with you free of charge. For meaningful answers, contact our Minneapolis divorce attorneys at (763) 323-6555.

Success on appeal can be quite difficult. Statistically, about 85% of all appeals fail. Still, with so much at stake, many litigants see no option but to pursue a reversal of the decision of the lower court.

If any of the following questions are answered in the affirmative, you stand a good chance on appeal:

• Were legal principles ignored when the judge’s decision was made?
• Was the judgment, or discretion, of the court abused?
• Was credible, and significant, evidence ignored by the district court?

The Minnesota Court of Appeals will hear family law appeals as a matter of right – as opposed to the Minnesota Supreme Court, which picks and chooses the cases they wish to decide.

Appeals are procedurally challenging; there are strict rules and guidelines that have to be followed by all parties, right down to the color of the legal brief cover. Critically important, the appeal must be filed within certain number of days after the original judgment is entered, or the Court of Appeals will not consider it. In family court, the timeline for appeal is 60 days from the date of entry of the Judgment and Decree.

Keep in mind that the original decision of the court will not change unless, and until, the appeal is successful. The court, however, may issue a “stay pending appeal,” which means that no decision is in effect until the appeals process is completed. To obtain such a stay, the following must be proven:

• The original decision could bring irreparable harm if the judgment is enforced; and
• The appeal is based upon a meritorious issue and is likely to be successful.

Sometimes “success” on appeal results in a remand back to the district court. This means another trial, or hearing, must occur before the same district court judge, who must consider the guidance of the Minnesota Court of Appeals in its decision. Many litigants find this frustrating, in the sense that it can be quite time consuming and expensive.

The good news is that the Minnesota Court of Appeals has adopted a mandatory mediation program for all family law appeals. To the surprise of many, this program has resulted in a settlement success rate of about 50%. That statistic is quite shocking, given the fact that appeals, naturally, follow a trial – and trials involve a great disparity in the position of each party, not to mention raw emotion.

In the end, it can be difficult to determine whether or not to appeal a district court decision. We are here to help. For answers to all of your questions, contact our Minnesota family law appellate lawyers at (763) 323-6555. The call is free, and time is, literally, of the essence in deciding whether to file an appeal.

Our Family Wizard is an online messaging and calendar system that can be monitored by the court, or a parenting time expeditor or parenting time consultant. This “supervision of communication” tends to keep parents from attacking one another, and keeps parenting time schedules in check. It’s a bit like the Google Calendar and Gmail system merged into one, with an emphasis on family relatonships.

Our Family Wizard can also be a great tool for children. They can be permitted to have an account, with limited access, so that they are able to review upcoming events, medical appointments or the time they are scheduled to visit a particular parent.

While Our Family Wizard serves a great purpose during divorce proceedings, it can also serve a continuing purpose for those parents that prefer to communicate effectively post-divorce. Many of the clients we represent utilize Our Family Wizard for years following their divorce, with terrific results.

There is a fee for the service offered by Our Family Wizard, but many find that the rewards outweigh the cost. As I recall, total fees are about $100.00 per year for each user. For less than the price of a pizza each month, you may just find some sanity.

Our firm has no direct tie to Our Family Wizard, and we are simply recommending use based upon the experiences of our clients. If you have questions about it, or any other divorce of family law issue, feel free to contact our Minneapolis divorce attorneys at (612) 767-4404.

The new law matches the majority of other states.

In Minnesota, the moving parent is to not move the child out of state without a court order, or written consent of the other parent. It must be shown that the purpose of the move is to not interfere with parenting time. If it is found that the custodial parent is trying to interfere with parenting time, the move is unlikely to be appoved.

In reviewing the requested move, the court will examine a number of issues:

• The court must determine whether the move is in the best interest of the child.
• The age and developmental state of each child is considered by the court, as is the nature of the of impact the relocation will have on the child’s physical, emotional, and educational development.
• The feasibility of preserving the relationship between the child and the non-custodial parent is considered, as well as a suitable parenting time arrangement, given the proposed distance between homes. Financial resources are considered, especially in light of the exepense associated with airline tickets.

Generally, if there is a compelling basis for the move, the court will permit it. The most common reasons for relocation involve new employment opportunties for a parent, or healther social structure for a child.

Our attorneys have handled many cases involving a request to move out of state. We’ve successfully obtained permission for a client to move, both regionally and nationally, from Wisconsin, Michigan and North Dakota to Arizona and Nevada. To reach our lawyers, please call 763-323-6555. Your initial consultation is free and we’ll answer all of your questions in terms you can understand.