News

Minnesota Court of Appeals issued a precedential opinion regarding child support.

On October 18, 2021, the Minnesota Court of Appeals issued a precedential opinion regarding child support. Under Minn. Stat. § 518A.39, child support and spousal maintenance may be modified based on a showing that a substantial change in circumstances left the obligation “unreasonable and unfair.” When a child support order covers multiple children it is …

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Minnesota Court of Appeals and the Importance of Mechanics’ Lien Notice

Mechanics Liens are an essential way for laborers and suppliers to guarantee payment for their services; it works by placing a “lien” on the property that can be collected upon by forcing sale of the property, if necessary. Failure to follow the strict letter of the law can result in waiving their lien and potentially …

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Divorce money issues

Post-Divorce Gifts

On Wednesday May 26, 2021, the Minnesota Supreme Court weighed in on a novel family law issue: whether post-divorce cash gifts can affect a spousal maintenance award. Minnesota Statute 518.552 subd. 2(a) requires the Court to consider a party’s “financial resources” available for self-support when determining a spousal maintenance award.  The parties in Honke v. …

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Signing divorce document - Messick Law - image

Second Spouse Has Standing in Your Divorce Case – But You Can Avoid This

Last week, the Minnesota Supreme Court issued a decision upholding the right of a second spouse to intervene in the enforcement of the divorce decree between her husband and his former wife. In In re Miller v. Miller, Molloy(intervenor), No. A19-0372, (Minn. Jan. 20, 2021), R. Miller and P. Miller, the original husband and wife, …

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