For years, Minnesota courts have encouraged parties to settle their disputes amicably whenever possible. When parties settle instead of litigate, they are more satisfied with the outcome, their resources are conserved, and the growing demands on the court system are more manageable. Studies show that when parties cooperate in reaching an agreement, they are more likely to stay in compliance with the final order because the parties, not the court, created the provisions in the order. Reducing conflict is in keeping with the nature of a “civil society,” and is particularly good for children.

Minnesota’s family courts require that before starting a family legal proceeding, the initiating party must first try to settle the issue before filing a motion in court. The “settlement conference” can be requested in person, by phone, or in writing. It is not necessary that an agreement (settlement) actually be reached – only that the initiating party make efforts to settle before the court date. The initiating party must file a “Certificate of Settlement Efforts” up to 24 hours before the court hearing. If he or she fails to do so, the motion will not be heard unless excused for good cause.

Mediation or other alternative dispute resolution methods are not always appropriate. For example, when domestic abuse has occurred which creates an imbalance of power, the abused party might be intimidated into settling. Thus, the assistance of the court will be needed from the very beginning of the legal proceeding. If such an exception applies, then the party is not required to try settling first.

The takeaway message is that the rule is strict – Unless an exception applies, if initiating parties do not file a “Certificate of Settlement Efforts” in a timely way, they run the risk of not getting their day in court. This applies to all initiating parties, even those who represent themselves.

To read the rule, click here and scroll down to 303.03(c), “Settlement Efforts”.

Minnesota’s child support guidelines require that three types of child support must be ordered: 1) Basic Support; 2) Child Care Support, and 3) Medical Support. Basic Support is for food, clothing, shelter, etc… Child Care Support is for work-related or education-related child care costs. Medical Support is for the cost of health insurance for the child and uninsured or unreimbursed health care expenses.

Click here to calculate child support on-line.

The Employment Factor When Calculating Child Support

Child support is based on both parents’ incomes. This is called the Income Shares Model. When calculating child support, it is presumed by the court that both parents can be gainfully employed full-time. In most cases, this means 40 hours per week. If a parent is not fully employed, the court may impute income to that parent based on work skills and earning history. Child support is then based on the imputed income and not the actual income of that parent.

Click here to read about potential income. Minn. Stat. 518A.32

A parent who is not working full-time must be able to show the court why and also show that he or she is making a good faith effort to find full-time work. Searching for the right job in the right field is not easy – especially in a fluctuating economy and a constantly changing job market. A good approach is to keep documentation of job searches, applications, and correspondence from prospective employers – including emails and other electronic communication. This will help the court understand the facts. The Minnesota Department of Employment and Economic Development (DEED) is an excellent resource for researching job markets in specific fields and geographic regions. The DEED website also provides links to current job postings. More is better here – more documentation of efforts to be fully employed will help get a fair and reasonable decision on child support.

There are exceptions to the full-time work requirement, and if an exception applies, then the parent does not have to show that he or she is making a good faith effort to find full-time work. For example, if a child is too young or has special needs that would make full-time work unreasonable or is not in the child’s best interests. Another example is if a parent is enrolled in school or training and can show that it will improve employability and ultimately increase income.

Check job listings on the DEED website

Click here to check detailed occupational data by geographical region.

Medical Support and the Affordable Care Act

When figuring out medical support, parents must decide who will carry health insurance for the child. If the child is already enrolled in a parent’s health insurance – usually through the parent’s employer – the coverage must continue unless the parents agree otherwise or the court decides that different coverage is more appropriate. The child support order will indicate which parent will carry the dependent insurance and pay the premium and which parent will contribute to the cost of the premium by paying a certain percentage as medical support.

The dependent health insurance must be “appropriate,” that is, comprehensive, accessible and affordable as defined in the law.

To read the Minnesota law regarding medical support, click on the following link: Minn. Stat. 518A.41

As for the Patient Protection and Affordable Care Act (also known as Obamacare or the ACA), the “Individual Mandate” section is in flux.

Before finalizing any child support agreement, discuss the potential impact of the Affordable Care Act with your attorney and also consult with an accountant.

Click here to learn about the ACA.

It is presumed that parents know what is best for their children. When parents decide that they can no longer live together as a couple, they must make the difficult decision about how to move forward with parenting their children. Minnesota courts prefer that parents work out an agreement about child custody and parenting time. This can be done through alternative dispute resolution methods such as mediation or early neutral evaluation. If the parents cannot reach an out-of-court agreement that is best for the children, then the court must decide based on the law that lays out the “Best Interest Factors.” Minnesota’s best interest factors for deciding child custody have gone through many changes over the years. There are currently 12 factors. Each factor is child-centered and grounded in the understanding that every child needs a safe, stable, and nurturing relationship with both parents.

Click here to read The Best Interest Factors

The law states that if a noncustodial parent has a parenting time court order and does not agree to the custodial parent moving with the child to another state, the court must decide whether to approve the move based on what is in the child’s best interests. The law lists several factors the court must consider when determining whether the move is in the child’s best interests. The parent who is requesting the move has the burden of proving that the move is in the child’s best interests. The exception is that if the parent requesting the move has been a victim of domestic abuse by the other parent, the parent opposing the move has the burden of proving that the move is not in the child’s best interests.

The law is in Minn. Stat. 518.175, Subd. 3.

In some situations, parents may decide to co-parent their children after the divorce without moving the children out of the family home. This form of joint physical custody is called “shared parenting in residence,” or “bird-nesting.” Shared parenting in residence is good for kids because there is less disruption during a time that is already unsettling. The children don’t have to change schools or sleep in different beds. They keep the same friends and neighbors, and their daily routines don’t change very much. The parents take turns staying with the children in the family home, based on a schedule that works for the parents.

The parents’ schedules can range from trading every week to trading every several weeks. When a parent is “off duty,” she or he stays at a different residence. In some situations, parents take turns going back and forth between the family home and a shared second residence, such as a small apartment. Otherwise, each parent maintains a separate residence for the “off-duty” time, which may include staying with a friend or relative. The point is that with shared parenting in residence, the parents work together to find a schedule that works for them while maintaining stability for their children even after the parents are no longer living together.

Shared parenting in residence is not for everyone. It works only when both parents can focus cooperatively on the children and set aside the negative emotions between them. Both parents must also be willing to put up with the inconvenience of moving between two residences. Ms. Murphy can explore this as an option for you. If it is feasible for your family, she can assist with putting together a workable plan based on your family resources and capabilities.

Additional challenges arise when a parent is deployed in military service and a dispute arises about the care and responsibility for the children during the deployed parent’s absence. Minnesota’s Uniform Deployed Parents Custody and Visitation Act (UPDCVA) guides the court through the legal standards and procedural requirements for navigating through and resolving the dispute. An underpinning of the UDPCVA is that both parents have rights and responsibilities for their children even when one of the parents is away. This means that deployed parents should not be penalized for serving their country and non-deployed parents should not be dismissed or minimized. For example, the law requires the deploying parent to provide timely notice to the other parent that he or she will be called away and to also provide timely notice when she or he has returned home. The law further requires the court to hold an expedited hearing to resolve a custody dispute when deployment is imminent. As with all child custody disputes in Minnesota, the ultimate decision must be based on what is best for the child.

Click here to read the Uniform Deployed Parents Custody and Visitation Act

On May 14, 2013, a law was passed that made marriage in Minnesota gender-neutral. The law allows for marriages and divorces in Minnesota regardless of gender. It also recognizes marriages performed in other states, regardless of the gender of the persons married. How the provisions will be applied in legal matters, each with their own set of unique facts and circumstances, will require thorough analysis of the many laws relating to marriage and children that already exist. Many legal developments are anticipated as same-sex couples move forward with getting married or divorced. The best first step is to become informed about Minnesota’s law.

Click here to read about Minnesota’s gender-neutral marriage law on the Minnesota Legislative Reference Library website.