In Minnesota, there is a type of court order that is called a "domestic abuse order for protection." This is an order that is intended to protect an abused party from an abuser. Typically, a domestic abuse order for protection provides that the abuser may not have contact with the abused party, and that if [...]
The Minnesota child support law were significantly revised effective 2007. Under the new child support law, income from both parents is used in calculating the amount of support that is paid. Income from a new spouse or new significant other is not used in the calculation. An interesting feature of the new child support law [...]
Often I am asked about modifying child support after the divorce decree has been entered. Sometimes a person receiving child support believes that child support payer has received a significant increase in income and that if child support were recalculated, the child support payment would be higher as a result. The question is how to [...]
Often a party to a divorce proceeding will try to hide information about his or her income and assets. There are various tactics an opposing attorney can use to try to obtain documentation about a party's real income or assets. There are, of course, the obvious sources. These include income tax returns and paycheck stubs. [...]
People often ask me about mediation. Mediation occurs when two parties to a divorce try to negotiate an amicable settlement with the help of a neutral third party. I am all in favor of mediation, though because it costs quite a bit I usually try to resolve the case directly with the other party's attorney. [...]
Every once in a while, people ask me whether I will travel to out state Minnesota to represent someone in a divorce proceeding. Usually the answer is "yes," but I have to qualify the answer. As a Minneapolis divorce lawyer, I primarily work in the greater Twin Cities are, including Minneapolis, St. Paul, and the surrounding [...]
People sometimes ask about appealing a case to the Minnesota Court of Appeals. Generally speaking, it is difficult to overturn a judge's decision on appeal. But, like all of us, judges are human and they make mistakes. Sometimes an appeal is necessary. What follows is not legal advice. You have not retained Fiskum Law or MN [...]
A lot of people wonder if they really need an attorney. Or, they may think they need an attorney, but want to bring him or her onboard only towards the end of the proceeding. When people who are getting divorced ask me whether they need one, my answer is "Yes." Of course, I am an attorney [...]
There are two counties in Minnesota that use "referees" in family court. These counties are Hennepin and Ramsey. A referee is a judicial officer who has authority to make rulings in divorce cases. A referee does not have the same level of authority as a judge. Typically, orders issued by family referees are "recommendations" that [...]
