Minneapolis Divorce Lawyer & Attorney

Child support is a difficult issue.  Everyone has an opinion about it.  And while many things in family court are open to debate, this one is not:  The Judge Will Order the Noncustodial Parent to Pay Child Support to the Custodial Parent.

But, that’s hardly the end of the discussion.  How child support works, how much it costs, and what happens if you don’t pay matter just as much as whether it is ordered.

From our experience representing people in family court, here are the Top 5 things you need to know:

1.   What Do They Mean When They Say Child Support?   It depends on who you’re talking to.  Technically, the phrase “child support” includes three things:

• Basic Support — think cash payment;
• Child Care Support — think daycare costs; and
• Medical Support — think health insurance coverage 

More commonly, though, when people say “child support” they are referring to Basic Support.  Don’t assume that they don’t care about the other forms of support.  They are probably just using the term as a kind of short-hand.

2.   How Basic Support is Determined?  This is an oversimplified explanation, but it will get us started.  Basic child support is based on the gross monthly income of both parents – the PICS (“Parental Income for Child Support”).  We add the PICS numbers together and then look to a formula developed by the legislature to tell us how much money the parents, as a team, owe to their children.  We then divide this total amount between the parents based on their percentage of income and the amount of time they spend with the kids.

3.   Where Do They Get The Formula?  The Judge gets the formula from the Minnesota State Legislature and the Legislature gets the formula from the United States Department of Agriculture (“USDA”).

Every year, the USDA researches and publishes a report on the cost of raising a child in the United States.  The Minnesota Legislature determines whether it agrees with the figures and adjusts them accordingly.

The Minnesota Legislature is the place to complain if you don’t like the numbers.

4.   What Happens If You Don’t Pay?  You could go to Jail.  Seriously.  Things have changed a lot in the last fifteen years.  If you don’t pay your child support, the County Attorney’s Office can suspend your driver’s license or occupational license.  They can seize your property.  And, if you still refuse to pay, they can revoke your passport or put you in jail.

We have dealt with this issue many times.  Judges have little sympathy for people won’t pay their child support.  Your obligation to support your children comes first.

5.   What Happens if I Lose My Job and I Can’t Pay?  Contrary to popular belief, losing your job does not change or suspend your child support obligation.  You are required to keep making the same monthly payments until a judge orders otherwise.

We have had clients accumulate thousands of dollars in debt in just a few months.  And the law is VERY CLEAR, you cannot retroactively modify your child support.  The Judge doesn’t have the power to eliminate the past support you owe, no matter how unfair it may seem.

To avoid this problem, if you lose your job, you need to immediately file a motion to modify child support.

If you appreciate our efforts to keep our clients informed and would like to have us represent you in your case, please contact us by telephone at (952) 345-8004, or fill out the contact form on the side of the page.

By the time a divorce starts, it is normal for a person to want to live apart from their spouse.  In our experience, most people are unhappy for a long time before they decide to get divorced.  And living in the same house as your soon-to-be-ex can seem almost unbearable.

But before you decide to make a move, it’s important to understand your options.  Here’s the CliffsNotes version:

1.   The Law:  If you were living in the same house as your spouse at the time the divorce started, both people have the right to continue living there until one of the following occurs: (1) A person voluntarily moves out or (2) the Judge orders a person to move out.

2.   Choosing to Leave Voluntarily:  Deciding to move out voluntarily is a big decision.  It should not be made lightly.  You need to talk to your attorney first.  In addition to having to find a new place to live, you can sometimes be required to pay expenses at the marital home.

If your case involves children, moving out can adversely effect your right to parenting time.  Judges work hard to try to minimize the change a divorce causes in the life of a child.  They care very little about the wants and needs of the parents.  Moving will make it more difficult for you to see your children, especially if you move far away.

3.   Ordering a Person to Move:  A judge can order a person to move out of the house during a divorce case in two ways: (1) after a Temporary Hearing or (2) as part of a separate Domestic Abuse case.  You are not obligated to leave just because your spouse tells you to do so.

Lesson:  Deciding to move out of the house is a big deal.  Spend some time thinking about it.  And if you are represented by an attorney, talk to them first.

If you appreciate our efforts to keep our clients informed and would like to have us represent you in your case, please contact us by telephone at (952) 345-8004, or fill out the contact form on the side of the page.

If you’re anything like most of our clients, the rules of divorce can seem downright bizarre. It’s a bit like having a parent tell you, “Don’t do this. Don’t do that.” Except in the case of a divorce, if you violate the rules you can get in serious trouble – including jail.

Here’s what I have found to be the 5 most common ways people in divorce cases get in trouble and don’t even know it:

1.  Writing a Threatening Email or Leaving an Intimidating Message:  Think Alec Baldwin or Mel Gibson. There is no quicker way to get labeled as an abuser or an unstable influence on your child than to be recorded acting out of emotion. Stick a fork in you. You’re done.

The sad thing is that most people are neither abusive nor unstable. They’re just upset. Take a moment to ready yourself before acting. Resist the urge to tell your spouse exactly how you feel about their behavior. You will probably be happy that you did later.

2.   Moving Money Around Just Before (or During) a Divorce:  This is our favorite argument to use against an opposing person in a contested divorce case. There is no better way to paint a person as sneaky or dishonest than to show that they are trying to hide money from their spouse. It’s just too much. The case is over. The judge won’t trust you anymore.

But, you don’t have to actually hide or conceal money to be labeled as dishonest. All you have to do is engage in questionable banking or financial transactions. If you begin transferring money between accounts in ways you didn’t do before, you expose yourself to this argument. Don’t adopt new financial management strategies during a divorce.

3.   Taking the Kids and Leaving Home: Women often make this mistake.  They incorrectly assume that because they have been the kids’ primary caretaker during the marriage they can continue making all of the decisions during the divorce. It doesn’t work that way. Once a divorce is started, both people give-up control over their lives – including the right to make decisions about their children.

Unless you or your children’s physical safety absolutely requires a move, don’t move out of the marital home without first taking to your attorney. We’ve had a few clients who likely would have won their cases – they were stay-at-home moms with working spouses – who ended-up losing custody of their children because they moved too far from home.

Judges understand the emotional strain kids experience during divorce. They try to limit that strain by preventing unnecessary change. And while moving your residence may seem necessary to you, the judge may not see it that way. Don’t cause yourself (or your children) any unnecessary pain by making an unnecessary move.

4.   Changing the Locks:  If you are still living with your spouse (and by “living with your spouse” we mean if your spouse could reasonably claim that they are still living with you), DO NOT change the locks on your house without first talking to your attorney.

Until a Judge orders otherwise, both people have the right to remain living in the home. Unfairly locking out your spouse sends the message that you are “in charge,” which is not a good message to send in family court.

We see this problem a lot in cases where people are informally separated before the divorce starts. After the paperwork is served (or sometimes just before, if the person is paying attention) the person decides to move back into the house. It’s usually a transparent attempt to gain an advantage in the custody case. It rarely works. But, don’t allow the focus to be shifted to your decision to unfairly exclude them from the house.

5.   Canceling or Changing Insurance Coverage:  More than just getting you in trouble with the Judge, this mistake can cost you money for years to come. You may end up being responsible for all of the costs incurred as a result of your action. And because this sometimes involves health insurance coverage, the costs can be enormous.

In our practice, we have never seen a situation where a person would legitimately need to cancel or change their insurance coverage that couldn’t wait until we had a hearing with the Judge. The coverage was in place before your divorce. It can stay in place for a few months longer.

If you appreciate our efforts to keep our clients informed and would like to have us represent you in your case, please contact us by telephone at (952) 345-8004, or fill out the contact form on the side of the page.

1.  Help Us Gather Documents:  For some reason, gathering financial documents seems to be a big problem for people in divorce cases.  Most people don’t take the time necessary to find copies of their own documents.  And the people who do give us documents, tend to give us very few of them. 

Take the time to assemble and organize your credit card statements, your bank statements, and your paycheck stubs.  The more time you spend on the front-end, the more money you will save on the back end.

Don’t throw away any of your bank statements or pay stubs, even
if you did in the past.  Send them to us instead.

2.  Plan Communication with Us:  Every time you call us, you get billed.  It’s a message worth repeating.  Some clients spend hundreds of dollars each month on email messages.

If you can organize your thoughts and questions, we can cover more ground faster.  It takes us about the same amount of time to answer three well-thought-out questions as it does to answer one disorganized one.

3.  Don’t Fight for Principle:  This one is a huge money waster.  You can’t win everything.  No one does.  Successful businesses understand this principle.  You should too.  Make an honest attempt at compromise.

Try not to focus on whether your spouse is “winning.”  No one really wins in a divorce.  Rest assured that there are things your spouse thinks you’re “getting away with unfairly” too.

4.  Respond to Our Requests:  If you don’t know it already, you will soon discover that the court system moves very slowly.  Contested litigation can take a long time.  However, the faster you respond to our requests, the more likely it is we can reach a quick settlement.  By acting quickly, you allow us to take charge of the case and to assume a proactive role.

Being proactive allows us to “strike while the iron is hot.”  We have seen a lot of deals fall through because the other side changes their mind after a few weeks.

5.  Make Decisions and Don’t Look Back:  We understand that divorce is traumatic.  But, you need to make decisions in your case.  When you refuse to pick a road to go down, you end-up standing in the same place.  And for most of our clients, the place you’re standing is not a good one.  Help us help you.

Stay the course.  Changing your mind midstream is not only an expensive mistake, but it can damage your credibility with the Judge.  Sometimes, the damage is beyond repair.

If you appreciate our efforts to keep our clients informed and would like to have us represent you in your case, please contact us by telephone at (952) 345-8004, or fill out the contact form on the side of the page.

At Gadtke & Beyer, we understand that your case is important to you.  It is important to us as well.  And we are committed to doing everything possible to make sure that your identity is respected and that your dignity is preserved at all times throughout the process.

The law prohibits us from guaranteeing the outcome of your case.  But, it does not prohibit us from guaranteeing the service you receive.  We promise to provide you with the very best in customer service.  As evidence of our commitment, We Promise to Always Do the Following:

1. Listen When You Speak:  We work for you.  We promise to always give you our full, undivided attention whenever we meet.  We also promise to listen to your ideas, concerns, and worries, no matter how small they may seem.
2. Update You on the Status of Your Case:  We promise to update you on any case developments the same day they occur.  No exceptions.  You deserve to know exactly what is happening on your case at all times.
3. Timely Respond to Telephone Calls and Emails:  We promise to respond to your telephone calls and emails by the end of the next business day, usually much sooner.
4. Timely Send You Copies of All Mail Related to Your Case:  We promise to forward you copies of all mail related to your case on the day it is received by our office.
5. Give You Our Honest Opinion:  We promise to always give you our honest opinion (based on our experience and knowledge of the law) about any case goals or strategy you may be considering, even if it means telling you something you do not want to hear.

 If, at any time during your case, we fail to deliver on any of our customer service guarantees, please let us know.  We will apologize for our mistake and do what is necessary to fix the problem.  Your business is important to us.  Thank you for the opportunity to serve you!

Robert W. Gadtke and Marcus P. Beyer