top of page
.png)
Johnson Law Firm, P.A.
30 Years Experience in MN Family Law
Mary Johnson, Family Law Attorney
-
​Divorce - Minn. Stat. 518- Contested, Uncontested, High Asset, Long Term Marriages, Minor Children
-
Spousal Maintenance - 518.552 Indefinite or Transitional, Negotiated lump sum cash buyouts, Karon Waivers
-
Child Custody 518.17- Establishment Legal custody & Physical custody . Legal custody is each parent's right to have an equal say so in major child life decisions such as where to go to school, religion and joint legal is presumed. Physical custody is who is caring for the child on a day to day basis. Physical custody can be sole custody to one parent or joint physical to both parents. No legal presumption in favor of or against an award of joint physical custody (unlike joint legal custody). An award of joint physical custody does not automatically mean 50%-50% parenting time. Parents can be awarded joint physical custody but one parent awarded 80% parenting time with the child and the other parent only 20% parenting time. It is the number of overnight parenting time awarded to each parent in the terms of a written court order that determines and impacts the amount of child support.
-
Parenting Time 518.175 Number of overnights each parent has child with them in a year must be stated in court order. There is a legal presumption that a parent is entitled to be awarded a minimum of 25% parenting time with their child, which comes out to be approximately 8 overnights a month minimum time parents will receive. The law is trying to award each parent the maximum amount of time they are each able to have the child with them for parenting time.
-
Child Support - see link Minnesota Child Support Calculator. An award joint physical custody with 50%-50% or equal parenting time in a court order will reduce normal guideline amount of child support down to $200 to $300 approximately per month in most cases. Part of establishing child support by court order includes which parent will be required to carry health insurance for the children and each parent will have to contribute to the cost of the child health insurance and also each pay a percentage of the minor child's uncovered medical costs not covered by insurance. Child care costs are also included in the total monthly child support obligation.
-
Mediation - Settlement Agreements your attorney will attend mediation with you to negotiate a possible mutual settlement agreement with the other side which would be put into writing and signed before the end of the mediation session if successful and would be enforceable and binding. A mutual agreement would resolve all issues in the case and avoids the stress and financial strain that would be brought on by having to fight it out in court with a contested trial where cross examination and witnesses including you would have to get up and testify in court in person and Mediation is encouraged as it is successful in the parties being able to reach a mutual agreement in approximately 90% of all cases. If you participate in mediation and do not reach an agreement, any offers for settlement or other mediation discussions are not admissible as evidence and can't be used against you in the later trial before the court.
-
Division & Award of Real & Personal Property
-
Equitable Cash Property Settlement Awards maybe the other spouse is awarded the right to own and live in the home. The other spouse would be entitled to usually fifty percent of the equity in the home as of the date of the divorce. Equity means the present value of the home, less the mortgage(s). Then divide that by 2 and it becomes the amount for a cash award.
-
Marital liens against home awarded to other party to secure any cash equity marital property award.
-
Pension Award & Division through a separate court order known as a Qualified Domestic Relations Order where the other spouse is awarded monies from the participant's spouses pensions, both defined benefit and defined contribution pensions. Each entitled to one half of the amount of all contributions to the pension plan from the date of marriage to the date of the divorce valuation. The pension plan administrators will determine each party's amount and payment will come directly from the pension plan administrator.
-
Marital Debt Allocation - if a party is awarded an assets it also comes with the liability for that party to pay the existing loan, mortgage or encumbrance against it. However, what about that other pesky unsecured debt like credit card debts that there often is nothing to show for the debt? Even if only one party runs up a credit card debt during the marriage and in spite of the card being solely in that party's name, the other spouse may be made liable to pay all of the other party's unpaid outstanding unsecured debt if it was incurred during the marriage.
-
Unmarried father's establishment of custody & parenting time rights -even if father has signed a Recognition of Parentage and is paying child support per a court order, an unmarried father has zero parenting time or custody rights to the child unless and until he obtains a written court order signed by a judge awarding father such rights. Unmarried fathers... you absolutely have to get a family court custody order otherwise, your child's mother can refuse you any and all contact with the child and you have no legal recourse to complain or to call police that your child is being withheld from you. Like it or not, the legislature makes the law, and the court has to enforce it.
-
Claiming the child as a dependent on filing your Taxes -You also can ask to be able to have the court order you the right to claim the child as a tax dependent on certain years. Otherwise, the law says that the parent with custody of the child has the right to claim the child on taxes, not the parent who is ordered to pay child support.
-
Modification or Change of Child Custody Order 518.18 if there is already a final court order awarding child custody to a parent, the law sets a very high standard to be able to come back before the court again and ask that the court change it's previous custody decision. This is because the court wants there to be stability and finality in final child custody determinations made by the court. A parent must show a high degree of endangerment to the child and actual harm or integration into your home with the other parents consent. Procedurally it is a two part process: First you must allege in a motion hearing by affidavit that there is credible evidence of serious endangerment to the child if the current custody order continues. If the court finds you made a prima facie showing of endangerment by allegations in affidavit first, it will then issue an order granting you a full custody trial or evidentiary hearing where you must testify in person and prove your case. If the court order finds you failed to allege a prima facie case of endangerment, custody order will remain the same and you are not entitled to a further trial. This is a very high and difficult burden of proof and no motion for a change of custody can usually be filed less than a year from the date of the original custody order.
-
Third Party Custody or Defacto Custodian: 257C This is an action under Minn. Stat. 257C filed by a person who is not a child's legal or biological parent asking the court to be awarded custody of the child over the natural parents. Often this is filed by grandparents or relatives who have had the child in their care while parents have had mental health, drug addiction, criminal trouble or other issues which led to the child .
-
Paternity
-
Step parent and relative adoption
-
Domestic abuse Orders for Protection 518B.01
-
Harassment Restraining No Contact Orders 609.748
-
And all other Minnesota Family Court cases.
-
Full Preparation of all necessary court pleadings (including summons, petition, motions, interrogatories and demand for production of documents, affidavits, final written arguments).
-
Full In Court Litigation from Initial Case Management Conference Hearings, Temporary Motions for Relief, Exparte Emergency Orders and Orders to Show Cause and Appear, Pretrial Hearings, Settlement Conferences, Contested in person Court trial and appeals to the Minnesota Court of Appeals and Minnesota Supreme Court, our attorney has been dedicated to full time Minnesota Family Law and Divorce practice with 30 years experience representing private clients in Family Court matters.
30 YEARS FAMILY LAW
Call Johnson Law Firm today to schedule an initial consultation to meet with our Family Law Attorney to discuss your case. 218-741-8517
bottom of page