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Considering Divorce? Here Are Some Things To Consider

Posted by Attorney Stephen Hance | Mar 29, 2013 | 0 Comments

One important aspect of a divorce proceeding is the determination of spousal support and child custody and support issues. In Minnesota spousal support, often referred to as alimony, may be granted on a temporary or permanent basis, based on the following factors:

  • The relationship between the parent and each child and who is the child's primary caretaker.
  • The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference.
  • The child's adjustment to home, school, and community. Also considered is how long the child has been in a stable environment and the permanence of the custodial home.
  • The mental and physical health of all individuals involved.
  • The capacity and disposition of the parents to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed.


Whether there is evidence of abuse, either between the parents, between the parent and another individual, or directed towards the child.

Courts take a similarly factored approach when considering issues of child custody and support. Joint or sole custody may be awarded, based on “the best interests of the child”, with the relevant factors being:

  • The relationship between each parent and the child.
  • The child's primary caretaker.
  • The reasonable preference of the child, if the court deems the child to be of sufficient age to express preference.
  • The child's adjustment to home, school, and community. Also considered is how long the child has been in a stable environment and the permanence of the custodial home.
  • The mental and physical health of all individuals involved.
  • The capacity and disposition of the parents to give the child love, affection, and guidance, and to continue educating and raising the child in the child's culture and religion or creed.
  • Whether there is evidence of abuse, either between the parents, between the parent and another individual, or directed towards the child.

Child support is based on the Minnesota Child Support Guidelines, also taking into consideration the following factors as basis for deviation:

  • The standard of living that the child has become accustomed to during the marriage.
  • The financial needs and resources, physical and emotional condition, and educational needs of the child or children to be supported.
  • Which parent will claim the child or children as a dependent for tax purposes, and what financial impact that will have.
  • The parent's debts.
  • Whether the parent paying child support is on public assistance.

About the Author

Attorney Stephen Hance

Steve represents and advises clients that are dealing with business and real estate disputes. Steve is an investor and business owner, and his approach is unique from other attorneys.

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