When someone is behind in child support or alimony (a/k/a spousal maintenance) payments, the back amount owed is called arrears. The most common way for someone to pay arrears is to add twenty percent (20%) to any ongoing support payments. That way, the current month is paid up completely and there is the 20% overage
Minnesota Divorce & Family Law Blog
Blog Authors
Latest from Minnesota Divorce & Family Law Blog
Spousal Maintenance Payments Are Not Deductible From Taxable Income
Before December 31, 2018, if you paid alimony, you could deduct it from your taxable income; and if you received alimony, you had to include it in your taxable income. Both of those treatments of alimony were changed when the new tax bill (Tax Cuts and Jobs Act) passed in late 2017.
Under the new…
Interesting Perspective on Divorce, Mediation and Collaborative Law
“Divorce is 80 percent emotional, 10 percent legal and 10 percent financial.” This is the quote that rings most true to me in an article posted by the New York Times, “Can Divorce Be Affordable? Yes, but Only if Spouses Want It to Be.” Every divorce case is unique, and the costs related to different…
Independence of Provisions for Parenting Time and Child Support
When separated parties co-parent children, there is a basic premise that both parties have the right to parenting time and the obligation to provide financial support. All parents – custodial, non-custodial, and joint custodial – are presumed to be entitled to parenting time. And all parents have the obligation to provide financial support, whether that…
Name Change in Divorce
When a couple gets divorced, both parties have an opportunity to change their name. Either party may change their name, whether or not they have been known by one or more names previously. A party changing their name must confirm to the family court on the record that the name change is not for purposes…
Summary Real Estate Disposition Judgment
Move Out of State
When a couple divorces or separates, and has no children in common, then either party is free to move, or live, where they choose and/or where they can afford to live. If the parties have no minor children (children under age 18), the same goes. This contemplates that the adult child(ren) can live where they…
25% Parenting Time
Minnesota does not have a statute that mandates a presumption of 50-50 custody. The fact is, with or without a statutory presumption, 50-50 custody is common and, I believe, getting more and more common over time. What Minnesota statute does provide for is a minimum of 25 percent parenting time, absent evidence suggesting otherwise.
It…
Reasonable Preference of the Child
One of the statutory factors that the family court must consider in child custody cases is the reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference. This addresses one of the most common questions that people ask about child…
Summary Real Estate Disposition Judgment
When parties divorce, and one of the parties keeps the marital home, the other party typically signs a quitclaim deed. The quitclaim deed is a transfer of the property without a closing. The quitclaim deed signed pursuant to divorce contemplates that there is consideration for the signing party’s relinquishment of interest in the home. That…