Practice Areas and Legal Definitions

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support. Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines. 

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc. 

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, e.g., a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court. 

Prenuptial Agreements:
A prenuptial, or premarital, agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death. 

A factor that cannot be stipulated in a prenuptial agreement is child support. A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support.  Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation. 

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development. 

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, such as food and clothing, and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself.  When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent. 

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation. 

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.  These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years.  While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the Act was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

If you or a loved one is involved in a divorce or child custody case and you need the help of an experienced Minneapolis, Minnesota family lawyer, call Robert Weiner today at 866-435-2593, or complete the contact form provided on this site to schedule your free consultation.

Frequently Asked Questions

The following information includes frequently asked Family Law questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. For a personal consultation regarding your specific family law case, please contact Attorney Robert Weiner today at 866-435-2593.

Can I object to the terms my spouse has requested in our divorce?
Yes, you (along with your attorney) can reject the terms of your spouse’s offer. On receiving an objection to the establishment of a family law attorney's settlement, the court may at its own discretion determine whether the case involves complex or substantial issues of fact or law related to property rights, visitation, custody, or support.  If the court finds that the case involves one or more of these complex or substantial issues, the court may implement a case management plan.

How is the amount of child support determined?
Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other. 

How are custody and visitation issues decided?
No area of family law brings to the courtroom the tension, anxiety, hostility and raw emotion as child custody and visitation litigation. Rare is the divorce, dissolution or custody determination in which the parties have been able to set aside personal differences to reach the goal of what is best for the children involved. Most parents pay lip service to this ideal, but often cannot reach it in actuality. Most often a judge will take great pains to get parents themselves to come to a mutually acceptable custody agreement if that is possible. A decision made by a stranger is rarely completely acceptable to all if the attempt has not been made in earnest. The family court systems of the states usually have several layers of counseling, mediation and conciliation to attempt to bring warring parents together for the purpose of resolving the issue of what it is in the best interests of their children.

How can a parent remedy the frustration of visitation rights?
A variety of remedies are available to provide relief to the noncustodial parent who has had visitation rights frustrated. The noncustodial parent can commence an action to show cause concerning contempt for violating the court`s order pertinent to visitation. This is not a favored alternative. The court also has power to modify support, yet this works a hardship on the welfare of the child and is similarly not favored. Another alternative is to ask the court to require the custodial parent to post a monetary bond, which would be forfeited if the custodial parent frustrates visitation. Usually a history of frustration of visitation is the threshold that must be shown to the court, not a sole incident.

Can a prenuptial agreement be modified after marriage?
Yes. Any terms of a prenuptial agreement can legally be altered or modified in the future, if both parties so decide. Other terms of the prenuptial agreement not altered will remain intact, unless both parties revoke the entire agreement in writing. And some states will alter prenuptial agreements without party involvement. For example, prenuptial agreements can become void one and a half years after the parties to the contract become parents, unless the agreement is later renewed in writing by said parties.

As prenuptial agreements are becoming increasingly common, so are similar documents called post nuptials agreements. Post nuptials agreements are much like prenuptials, but are drafted and signed after a couple has been married. Post nuptials can be drawn up at any time during the course of a marriage, and can be altered in the same way as a prenuptial agreement.

When can a child support order be changed or modified?
An order for child support can be changed or modified any time there is a material change in circumstances from the time that the existing child support was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent’s financial situation such as an appreciable difference in the amount of income earned, loss of a job, a large inheritance or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child such as large medical expenses, a need for special education or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing. 

What happens to a father who refuses to pay court ordered child support?
Under the Child Support Enforcement Act of 1984, it is against the law for any father, presumed or assumed, to not pay court ordered child support to the custodial guardian, regardless of joint custody. Federal laws permit the interception of tax refunds to enforce child support orders, and other methods of enforcement include wage attachments, seizure of property, suspension of a business license and possible driver's license revocation. In the event that none of these attempts are entirely successful, the court of law that issued the child support order can hold the father in contempt and, in the absence of a reasonable explanation for the delinquency, impose a jail term.

Professional Profile

Robert L. Weiner & Associates is an experienced family law firm located in downtown Minneapolis. The Firm has been providing family law services for over 20 years, and is committed to providing the highest quality legal representation to its clients. It offers full legal representation for a wide variety of family law matters including divorce, child custody, child support, spousal maintenance, division of property and business interests, prenuptial and postnuptial agreements, paternity, modification and enforcement of divorce decrees, appeals, and domestic abuse.

If you or a loved one is involved in a divorce or child custody case and you need the help of an experienced Minneapolis, Minnesota family lawyer, call Attorney Robert Weiner today at 866-435-2593, or complete the contact form provided on this site to schedule your free consultation. 

 
FIRM ADDRESS:
Robert Weiner & Associates
701 Fourth Ave. So., Ste. #500
Minneapolis, MN 55415
Phone: 866-435-2593
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

• Robert L. Weiner
  

EDUCATION:

• J.D., University of California, Hastings College of the Law, San Francisco, California, 1974; Hastings Law Journal, Staff and Editor, 1973 - 1974. 
• B.A. English. University of Minnesota, Minneapolis, MN, 1970

 
COURTS ADMITTED:

• State Court of Minnesota
  

PROFESSIONAL MEMBERSHIPS:

• Hennepin County Bar Association - Family Law Section (Executive Committee Co-Chair, 2004-2005)
• Member: Minnesota State Bar Association and Hennepin County Bar Association
• Chrysalis Law Clinic - Divorce Information Presenter and Clinic Volunteer Attorney

PUBLICATIONS:

• Awarding Attorneys to the "Private Attorney General." Judicial Green Light to Private Litigation in the Public Interest, 24. Hastings Law Journal, 733-70, 1973.
  

PRACTICE AREAS:

• Divorce
• Custody & Visitation (Parenting Time)
• Child Support
• Alimony (Spousal Maintenance)
• Division of Property
• Prenuptial & Post Nuptial Agreement
• Paternity
• Modification & Enforcement of Divorce Decree
• Appeals
• Domestic Abuse (Orders for Protection)

MEMBERS OF THE FIRM:

EDUCATION:

• J.D., William Mitchell College of Law, St. Paul, Minnesota, 2006 cum laude 
  
• B.A. Biology and Anthropology, Washington University, St Louis, Missouri, 2001
  

COURTS ADMITTED:

• State Court of Minnesota
  

PROFESSIONAL MEMBERSHIPS:

• Member:  Hennepin County Bar Association - Family Law Section, Executive Committee
• Member: Minnesota State Bar Association, Hennepin County Bar Association and Ramsey County Bar Association
  
• Volunteer Attorney:  Chrysalis Law Clinic

• Divorce
• Custody and Visitation (Parenting time)
• Child Support
• Alimony (Spousal Maintenance)
• Division of Property
• Prenuptial and Postnuptial Agreements
• Paternity
• Modification and Enforcement of Divorce Decrees
• Appeals
• Domestic Abuse (Orders for Protection)