Family Law Q And A

Answers To Common Questions We Hear

If the other parent is not paying child support, can I withhold visitation from them?

No. The failure to pay child support is a serious matter. However, it is a separate issue from the parenting plan and child support order, which may determine the other parent’s visitation rights. If the other parent is not fulfilling their child support obligations, you can seek other enforcement methods through the court. In the meantime, you must follow all existing orders.

Is a particular age at which children may dictate which parent they live with?

No, the child may be asked by social services (and on a rare occasion by the court itself) about their feelings regarding each parent and their respective living environments. Children of advanced age may voluntarily express a preference to live with a certain parent. However, there is no rule that a child over a certain age may determine their future living status.

Do I have to be married to the other parent to seek child support?

No. As long as the court recognizes both parties as biological parents in this case, both parents share a duty to provide for the child financially. Child support orders can balance the contributions of each parent to a fair amount. However, unmarried mothers may need to first formally establish paternity to seek child support from the child’s biological father.

If all assets are held in my spouse’s name, do I not have any interest in them?

No. There is a common misconception that being the titleholder of property is somehow determinative of an award by the family court. In actuality, any property acquired during the marriage, other than traceable premarital holdings, inheritances, or gifts received by a specific party (which can also be divided in part if unfair hardship will otherwise result), is subject to division by the court. The fact that title is in the name of only one party can be inconsequential. The court generally disregards title in dividing property. However, courts may take title into account when determining whether a particular asset has maintained a nonmarital component. For example, retaining funds brought into the marriage or received by bequest or gift in an individual account can serve as evidence that the party intended to preserve the nonmarital nature of the asset.

Is it legally advantageous to be the party initiating the divorce process?

It makes no difference. Individuals are frequently concerned that the court will favor the party who files the divorce. In fact, the party initiating the divorce has no special rights over and above the other party.

Will the other party be penalized for marital misconduct?

Generally, no. Minnesota is a “no-fault” state. Therefore, the court is generally required to disregard alleged wrongdoing, unless it affects the best interests of the children.

Do You Have More Questions?

Don’t see your question answered here? Call us at 763-391-7354 to schedule an initial consultation. You can also email our firm to make your appointment with a divorce lawyer.