MODIFYING CUSTODY: CHANGE IN CIRCUMSTANCES VS. CONTINUATION OF A KNOWN PROBLEM

 

In Minnesota, custody modifications are governed by Minnesota Statute section 518.18 (d). The threshold question in a motion to modify custody is whether a significant change in circumstances has occurred since the previous custody order was issued making a modification necessary to serve the child’s best interests. The change must be real, not a continuance of ongoing problems. A previous custody order is an order that either sets or modifies the custody labels, not an order that deals only with the parenting time schedule.  

Read More

DIVORCE IS NOT A TOOL FOR AVOIDING CREDITORS

Divorce should not be used as a tool to avoid creditor claims against one or both spouses. If a creditor believes that a fraudulent transfer has occurred, that creditor can use MUFTA to set aside the transfer and collect on its debt. Therefore, it is important to discuss all debts at issue during a divorce with competent counsel to make sure that you are protected.

 

Read More