Hill Crabb Law FirmHill Crabb, LLC2024-03-05T15:41:03Zhttps://www.hillcrabb.com/feed/atom/WordPress/wp-content/uploads/sites/1303637/2024/02/cropped-hill-crabb-site-icon-32x32.pngby Stephanie Hillhttps://www.hillcrabb.com/?p=516812024-01-22T21:12:53Z2024-01-30T12:07:29ZIntroduction
Child support is a crucial aspect of ensuring children's well-being in cases of divorce or separation. In Minnesota, as in many other states, child support is calculated based on various sources of income to determine the amount a non-custodial parent must contribute to the child's financial needs. One common question that arises is whether overtime pay is included in the income calculation for child support purposes. Let's explore this topic in-depth to gain a better understanding of how child support works in Minnesota, particularly concerning overtime pay.
1. The Importance of Child Support
Child support serves the primary purpose of providing for a child's basic needs, including housing, food, clothing, education, and medical care. Child support is calculated based on the combined income of both parents and the number of children involved.
2. Determining Gross Income.
A parent’s gross income includes any form of periodic payment before taxes are deducted. Forms of periodic payments can include wages, commissions, salaries, unemployment benefits, annuity payments, and military pay.
3. Overtime Pay in Child Support Calculations
In Minnesota, income received for hours worked in excess of 40-hours a week (i.e “overtime”) is excluded from a parents’ gross income so long as the parent can demonstrate that the overtime began after the filing of a family court case, that the overtime is voluntary and not a condition of employment, and the overtime reflects an increase in the hours worked over the two years immediately preceding the filing.
Parents who have consistently worked overtime or where overtime is a condition of employment can likely expect a court to include their overtime in the calculation of their gross income for purposes of determining child support
3. Factors Considered in Child Support Calculations
Both parents' gross incomes, including regular wages, overtime, bonuses, commissions, and other sources of income.
The number of children involved in the case.
The parenting time schedule or custody arrangement.
The cost of health insurance for the child.
Childcare expenses necessary for the custodial parent to work or attend school.
4. Modifications Based on Overtime Pay
If a parent's overtime pay fluctuates or is irregular, the court may apply an average of the overtime earnings over a specified period to calculate child support. This approach aims to ensure that child support orders remain fair and reasonable even when income varies.
5. Seeking Legal Advice
Navigating child support calculations can be complex, especially when overtime pay and other variable income sources are involved. If you are facing child support proceedings or have concerns about how overtime pay affects your child support obligations, it is essential to seek legal advice from a family law attorney experienced in Minnesota's child support laws. An attorney can help you understand your rights and obligations, negotiate agreements, and ensure your child's best interests are protected throughout the process.
Conclusion
In Minnesota, overtime pay may be included in the income calculation for child support purposes. To ensure you are well-informed and properly represented in child support proceedings, consult with a family law attorney who can guide you through the process and help you achieve a fair child support order that prioritizes your child's best interests.]]>by Stephanie Hillhttps://www.hillcrabb.com/?p=516802024-01-22T21:13:32Z2024-01-23T12:00:20ZIntroduction
Once the courts have established a custody and parenting time order for children, a parent is not permitted to relocate the child out of state without permission of the other parent or the court. In this blog post, we will explore the factors involved in relocation cases and the steps parents can take to address this sensitive issue while safeguarding their child's well-being.
The Importance of the Custody Order
During divorce proceedings, a custody order or parenting plan is established to outline the arrangements for child custody and visitation. This document plays a crucial role in determining the rights and responsibilities of each parent regarding the child's care and residence. In some orders, parties may have agreed to a geographical restriction preventing relocation or limiting the children’s school to a particular geographical area. A parent seeking to relocate should review their custody order.
Considering the Child's Best Interests
In Minnesota, courts prioritize the child's best interests when addressing relocation matters. When a parent seeks to move out of state with the child, they bear the burden of proving that the move will be in the child's best interests. Courts consider various factors, such as:
Child's Relationship with Each Parent: The court will assess the strength of the child's bond with each parent, siblings, or other significant persons in the child’s life, and the impact of the relocation on these relationships.
Stability of the Current Environment: The child's stability and the continuity of their daily routine and support systems in their current living situation are crucial considerations.
Educational and Social Needs: The court will examine how the proposed move might affect the child's education and social life.
Reasons for Relocation: The parent seeking to move must provide valid and compelling reasons for the relocation, such as job opportunities, family support, or health reasons.
Child's Wishes (if age-appropriate): If the child is of an appropriate age, their preferences may be considered by the court.
Options for Addressing Relocation
When a parent wishes to move out of state with the child, there are several steps to consider:
Mediation and Negotiation: Attempt to resolve the issue through mediation or negotiation, seeking a compromise that serves the child's best interests and respects both parents' needs. In many instances with a little creativity and compromise, parents can devise a new parenting time schedule that provides for comparable time.
Filing an Objection or Motion: If no agreement is reached, file a motion with the court that seeks modification of the custody order to allow for or to prevent the relocation.
Temporary Restraining Order: In urgent cases, a parent may seek a temporary restraining order to prevent the move until the court has reviewed the matter.
Seeking Legal Guidance
Navigating custody and relocation issues can be legally intricate, requiring a thorough understanding of Minnesota family law. It is highly advisable to consult with an experienced family law attorney who can guide parents through the legal process, protect their rights, and represent their interests effectively.
Conclusion
Relocation after divorce is a delicate matter that demands careful consideration of the child's best interests and legal requirements. Parents must work together, keeping lines of communication open, and prioritize the well-being of their child. While reaching an agreement may not always be possible, seeking legal counsel can provide clarity and guidance, ensuring the child's needs are central to the decision-making process. By working collaboratively and with a focus on the child's welfare, parents can address relocation issues in a manner that supports their child's emotional and physical well-being.]]>On Behalf of Hill Crabb, LLChttps://www.hillcrabb.com/?p=484652023-10-10T11:04:33Z2023-10-10T11:04:33ZA trust
Many people with children rely on a will as their primary testamentary document. They simply want to ensure their children receive the right property from their estate and that there is a guardian to take care of them if anything should happen. Given the possibility of a conflict between stepparents and stepchildren or children and stepchildren, a trust can sometimes prove useful for those reworking an estate plan for a blended family. Trusts can give more long-term control over what happens with assets and can reduce the likelihood of probate litigation.
Health care directives
If one adult in the family experiences a medical emergency and cannot communicate their wishes to others, family members could end up fighting over the right course of treatment or even the right facility for someone's treatment. Health care directives that very thoroughly explain someone's medical preferences can reduce the likelihood of stepparents and stepchildren fighting over the care someone receives and damaging their relationship as a result.
Durable powers of attorney
Particularly if one spouse is significantly older than the other, there may be reason to believe that they will experience health issues or cognitive decline that could create challenges for the family unit. Durable powers of attorney help ensure that someone other than just a spouse can manage financial and medical matters for someone experiencing a medical emergency. They can also allow someone to name a person they trust to fill the same role that a guardian or conservator would without leaving themselves at the mercy of whoever seeks that authority.
Carefully considering family dynamics and one's long-term wishes can help adults put together more effective estate plans when starting a blended family with a new spouse.]]>On Behalf of Hill Crabb, LLChttps://www.hillcrabb.com/?p=484562023-08-17T14:02:34Z2023-08-17T13:00:49Z
A divorce can be a challenging time, and gathering all the necessary financial documents is crucial for a fair and equitable settlement. However, sometimes important paperwork, such as tax returns, can go missing during the process. If you find yourself in this situation during a Minnesota divorce, don't panic. There are steps you can take to retrieve or replace your tax returns and ensure the divorce proceedings continue smoothly. In this blog post, we will explore practical solutions for dealing with lost tax returns during a divorce in Minnesota.
Request Copies from the IRS
The first step in recovering lost tax returns is to contact the Internal Revenue Service (IRS). You can request tax return transcripts, which provide detailed information from your past tax filings. You can order transcripts online (https://www.irs.gov/individuals/get-transcript), by phone, or by mail.
Reach Out to Your Tax Preparer
If you used a tax professional or accountant to prepare your tax returns, they likely have copies on file. Reach out to them and request duplicate copies for the relevant years. Tax preparers often retain clients' records for several years.
Check with Financial Institutions
If you received tax refunds or made tax payments electronically, check with your bank or financial institutions. They may have transaction records that can serve as proof of tax filings.
Request Copies from Your Employer
If you were employed during the years in question, your employer should have copies of your W-2 forms, which provide essential income information for tax returns. Contact your former employer to inquire about obtaining these documents.
Utilize Tax Software or Online Services
If you used tax software or online services to file your taxes, log in to your account to access copies of your returns. Many platforms store past returns, making retrieval easier.
Consider Obtaining a Subpoena
As a last resort, if all other attempts fail, consult your attorney about obtaining a subpoena. This legal document compels relevant parties, such as the IRS or your tax preparer, to provide copies of your tax returns.
File for an Extension if Necessary
If the divorce proceedings cannot wait for the tax returns to be located, discuss the situation with your attorney and consider filing for an extension with the court. This extension will grant you additional time to gather the necessary financial documents.
Inform Your Attorney and the Court
Transparency is key during a divorce. If you encounter challenges in locating your tax returns, inform your attorney and the court promptly. They can advise you on the best course of action and ensure the process remains compliant with Minnesota family law.
Conclusion
Losing tax returns during a divorce can be unnerving, but it is not an insurmountable obstacle. Take proactive steps to recover the documents, such as requesting copies from the IRS, consulting your tax preparer, or checking with financial institutions. If necessary, consider obtaining a subpoena as a last resort. Remember, communication with your attorney and the court is essential, as they can guide you through the process and ensure that your divorce proceedings continue without unnecessary delays. With diligence and professional assistance, you can navigate this challenge and move forward with confidence towards a fair and amicable resolution.]]>On Behalf of Hill Crabb, LLChttps://www.hillcrabb.com/?p=484552023-08-09T18:52:47Z2023-08-10T13:00:40Z
Choosing a divorce or custody attorney is a crucial decision that can shape the outcome of your case and have a significant impact on your life and the lives of your loved ones. To ensure you find the right legal advocate who understands your unique needs and can effectively represent your interests, asking the right questions during your initial consultation is vital. In this blog post, we will explore the essential questions to ask when selecting a divorce or custody attorney.
Experience and Expertise
Start by delving into the attorney's background and experience in family law. Inquire about their years of practice, specific expertise in divorce or custody cases, and the percentage of their practice dedicated to family law matters.
Approach and Strategy
Understanding the attorney's approach and strategy is critical to gauge their compatibility with your goals. Ask how they tailor their strategy to individual clients and whether they prefer negotiation or litigation in resolving cases.
Communication and Accessibility
Open and effective communication is key to a successful attorney-client relationship. Inquire about the attorney's preferred communication methods, their availability for questions and concerns, and whether they have a team of attorneys or support staff to assist you.
Fees and Billing
Knowing the fee structure upfront is essential for managing your expectations and financial planning. Ask about the attorney's billing method (hourly, flat-rate, or retainer), the hourly rate, and if they charge for phone calls and emails. Request an estimate of the total cost of your case.
Potential Outcomes
While attorneys cannot predict the exact outcome of a case, experienced lawyers can provide insights into potential scenarios and challenges they foresee. Discuss the potential outcomes they envision for your case based on the information provided.
Mediation and Alternative Dispute Resolution
Inquire about the attorney's experience in mediation and alternative dispute resolution methods. A skilled negotiator may help you reach an amicable settlement outside of court, saving time, money, and emotional distress.
Client Testimonials and References
Ask for testimonials from previous clients or references you can contact. Learning about others' experiences with the attorney can offer valuable insights into their professionalism and track record.
Child Custody and Parenting Plans
If child custody is a concern, discuss the attorney's approach to crafting parenting plans and their focus on the best interests of the child. Ensure they prioritize creating a stable and nurturing environment for your children.
Courtroom Experience
Understanding the attorney's courtroom experience is essential, especially if your case is likely to go to trial. Inquire about how often they appear in court and their familiarity with judges in your jurisdiction.
Legal Support and Resources
Find out if the attorney collaborates with other experts, such as forensic accountants or child psychologists, to strengthen your case when necessary. Access to additional resources can be advantageous in complex or high-conflict situations.
Conclusion
Selecting the right divorce or custody attorney is a significant step in navigating the legal complexities of family law. Asking the right questions during your initial consultation will help you make an informed decision and find an attorney who aligns with your needs and objectives. Remember, a strong attorney-client relationship built on trust, effective communication, and shared goals can lead to a successful resolution that protects your interests and paves the way for a positive future.]]>On Behalf of Hill Crabb, LLChttps://www.hillcrabb.com/?p=484542023-08-02T18:42:12Z2023-08-03T13:00:20Z
Determining child support in Minnesota family law cases involves accurately calculating the income of both parents. While calculating income for traditionally employed individuals with regular paychecks is relatively straightforward, it can become more complex when one parent is self-employed. Self-employment often involves variable income, business expenses, and unique financial considerations. In such cases, the court must carefully assess the self-employed parent's earnings to ensure a fair child support order. Let's delve into how income is calculated for self-employed parents in Minnesota.
Providing Comprehensive Income Documentation
Self-employed parents must provide comprehensive documentation of their income to the court. This includes:
Tax returns: Personal and business tax returns, including Schedule C for sole proprietors, or business tax returns for corporations or partnerships.
Profit and loss statements: Detailed records of income and expenses from the self-employed parent's business.
Business expenses: Properly documented business expenses that are ordinary and necessary for conducting the business.
Bank statements: To verify income deposits and business-related transactions.
Gross Income as the Starting Point
The court typically begins the income calculation by considering the self-employed parent's gross income. This includes all earnings from the business or self-employment before any deductions.
Deductions and Reasonable Business Expenses
The court recognizes that self-employed individuals have legitimate business expenses necessary for running their enterprises. Some deductions may be allowed when calculating income, but the court scrutinizes them to ensure they are reasonable and not manipulated to reduce child support obligations unfairly.
Average Income for Fluctuating Earnings
For self-employed parents with fluctuating income, the court may use an average of their income over a specific period to establish a more stable and representative figure. This approach provides a more accurate reflection of their financial capacity to meet child support obligations.
Imputed Income for Non-Disclosure
If a self-employed parent fails to provide accurate and transparent financial information, the court may impute income to them. Imputed income is an amount the court believes the parent should be earning based on their qualifications, past earnings, or industry standards.
Cash Flow and Lifestyle Analysis
In complex cases, the court may conduct a cash flow and lifestyle analysis. This involves examining the self-employed parent's spending habits and standard of living to ensure that reported income aligns with their actual financial circumstances.
Expert Witnesses and Professional Assistance
In certain cases, financial experts, forensic accountants, or business valuation professionals may be called upon to help assess the self-employed parent's income accurately.
Conclusion
Calculating income for self-employed parents in Minnesota family law cases is a crucial and sometimes intricate process. The court aims to ensure a fair child support order that considers the best interests of the child while accounting for the self-employed parent's unique financial situation. Self-employed parents should be prepared to provide comprehensive income documentation and cooperate transparently during child support proceedings. Consulting with an experienced family law attorney can be invaluable, as they can navigate the complexities of income calculation and advocate for a fair outcome that supports the child's well-being.]]>On Behalf of Hill Crabb, LLChttps://www.hillcrabb.com/?p=484532023-07-19T02:34:22Z2023-07-19T02:34:22ZHealthier environment
The Institute for Family Studies states exposure to verbal conflict can negatively affect a child. A child might feel sadness, anger, fear and anxiety when their parents argue. With repeated exposure, the child might become aggressive, hostile or depressed. Ending an unhealthy marriage can provide a healthier environment for the child.
Positive parenting
Being in a traumatic marriage can make parenting difficult. Parents unhappy with each other and their situation can find it difficult to work together. A divorce can alleviate some or all of the hostility the parents feel for each other. Without the constant struggle to maintain the marriage, the parents can focus on working together to do what's best for the child.
Better example
Children form certain opinions and beliefs based on those around them. If a child sees a marriage full of conflict and turmoil, the child might believe that's normal behavior for married couples. Ultimately, this will have an impact on the child's future relationships. Removing a child from this environment can help them see that conflict and turmoil in a marriage is unhealthy.
Happier parents
Being unhappy can affect a person's parenting skills. For example, the parent might take their anger out on the child or spend less time with the child. Ending a marriage can make it possible for parents to create healthier and happier lives.
Divorce is often painful and emotionally draining. It's a serious decision that requires a lot of thought. And in some cases, trying to save the marriage is possibly worth considering. But it's important to realize that sometimes divorce is possibly best for everyone in the family.]]>On Behalf of Hill Crabb, LLChttps://www.hillcrabb.com/?p=484442023-04-20T21:36:49Z2023-04-20T21:36:49Zyour estate plan.
Change your will (or create a new one)
You might want to remove your now ex-spouse from your will entirely and change your will to include whoever you want to inherit your assets after you die. In most cases, these heirs will be your children, siblings, or other extended family members.
Depending on how complicated your will was before, it might just be easier for you to make a completely new will. Odds are, enough has changed after the divorce regarding assets and beneficiaries that a new will might be easier.
Change beneficiaries on every account you have
You will also want to go through all of your other accounts and change your beneficiaries. Some examples of accounts that might have you list beneficiaries are:
Checking or savings accounts
Retirement accounts or pensions
Life insurance policies
Investment accounts
You’ll list your new beneficiaries on these accounts as appropriate. You can even have your friends listed as beneficiaries with little to no issue. But if you don’t update your will to remove your spouse, they may have a claim to all of your things after you die.
Addressing power of attorney and health care agents
Oftentimes, estate plans will also address who should act as your healthcare agent and power of attorney in a medical emergency where you’re incapacitated. Most people list their spouses, which can have devastating consequences if not updated.
You will also want to address who should act as guardians of your children. If you pass before your spouse, they will get custody. But you still want to address who should be named guardian if your spouse can’t take custody.
Addressing these things so soon after a divorce can be emotionally draining. But updating this information as soon as possible will make things easier for your family.]]>On Behalf of Hill Crabb, LLChttps://www.hillcrabb.com/?p=484432023-03-24T21:30:07Z2023-03-24T21:30:07Zdivorced couples must go through. These steps are very similar to the stages of grief and can take years to get through.
First stages of divorce
Many couples will be in shock when they agree to divorce, regardless of who was the one to suggest it. This shock can express itself as relief, anger, sadness, or even guilt - but it’s important to move through the shock to feel the emotions.
There’s also a step called the “three-week blur.” This blur refers to the initial separation, such as a partner moving out and telling friends and families.
This blur or feeling of shock can last for a while but generally may start wearing off around the three-month mark. This is when they may still feel guilt (or relief), but can generally function better in their day-to-day activities.
Legally divorcing
Most divorce proceedings begin six months to a year from initially agreeing to divorce or filing for it. During this time, each person has been doing their best to move on from the relationship.
They’ve settled into their own apartment and are building their separate friends and family support systems. If there are children involved, a temporary custody agreement has been drafted and one person may already be back on the dating scene.
The legal process may take a few months to years, depending on how willing the couple is to work together and how much money is involved. Generally, most divorces are completed by the one-year mark.
After it’s finalized
Generally, couples can start to put the marriage behind them after a year or two from initially filing. This can be harder if children are involved, but it’s not impossible. This is when most people truly accept their divorce and can move forward.]]>On Behalf of Hill Crabb, LLChttps://www.hillcrabb.com/?p=484422023-03-06T23:27:28Z2023-03-06T23:27:28ZDecide on beneficiaries
If you're not proactive in your estate planning, there's the potential that you'll accidentally shut your immediate family out of their inheritance. In some cases, you might even leave your ex-partner an unintentional inheritance.
One thing to make sure you do if you're in a blended family looking over your estate plan is to change your beneficiaries. It's highly unlikely that you want your first spouse to be listed as a beneficiary on your 401(k), for instance.
If you intend to make your current spouse the beneficiary of every financial account that you have, it's never a bad time to look them all over. Double-check that the money is going to go to the correct person when the time comes, and don't leave any of them out. Carefully look over your savings, checking, investment and retirement accounts.
One of the big benefits of making sure you've taken this step is that your surviving spouse won't have to go through probate to inherit the assets, which can be a time-consuming and costly process during a highly emotional time. The same applies to life insurance beneficiaries. If you've designated the right person, probate can usually be bypassed.
Everyone doesn't have to get the same amount
Remember that you don't have to treat all of your heirs the same. It's common in a blended family situation for certain inheritors to receive more or less than others. You might want to leave more to the children from your first marriage rather than your new spouse and the children you have together.
When you're estate planning in a blended family, it's not just beneficiaries you need to worry about. Remember to look at your whole will and determine who you're leaving your assets to.]]>