DO BOTH SPOUSES HOLD LIABILITY FOR STUDENT LOANS AFTER A DIVORCE?

On behalf of Askvig & Johnson, PLLP 

As previous postings in this blog have discussed, when a couple in Minnesota decides to divorce there are many tense subjects that may lead to heated and emotional disagreements between the already sometimes-unhappy couple. Sometimes, one of these subjects is property distribution.

Property is distributed between a divorcing couple based upon the state's family law standards. Some states are community property states and anything that is considered marital property or a marital asset is split evenly between the two people. Other states, including Minnesota, are equitable distribution states and marital assets are split in a way that the court considers fair and equitable.

Separating couples do not always consider that debt may also need to be divided between them upon divorce. With the escalating costs of obtaining undergraduate and graduate degrees, numerous individuals have accrued student loan debt. Some of these student loan debts are rather extensive, and when a couple decides to split, the question arises as to whether the liability for this debt will belong to the student that incurred it or whether the couple will be jointly liable to pay it off.

Different states have decided this issue in different ways but there are a few considerations that may help in determining who will be responsible for student loan debt. It is first important to understand what the money was used for, whether the degree was actually earned and, if so, whether that degree is considered marital or separate property. If the money was used for books, tuition and other educational expenses, it may be easier to raise the argument that the debt belongs to one person. However, some states consider the degree marital property, and then both individuals may be responsible for the debt.

Next, it is important to consider the income-earning power of each spouse. If both spouses benefitted from the earning power created by the degree, then the state may determine that they both must contribute to loan payments. However, if one spouse stayed at home and did not work so that the other could obtain the degree, the court may find it unreasonable to expect the unemployed individual to contribute to the loan payments.

The moral of the story is that the decision will vary according to state laws and previously determined cases within the state that concern similar issues. A family law attorney would be most familiar with both of these types of information. Those that are struggling to determine who holds liability for debts owed during divorce may want to speak with an attorney who will help them work through these types of confusing and emotional issues.

Source: Forbes, "Are Student LoansIncurred During The Marriage Considered Marital Debt?," Jeff Landers, Dec. 17, 2013

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CHILD CUSTODY CAN BE A CONTENTIOUS BATTLE DURING DIVORCE

On behalf of Askvig & Johnson, PLLP

When a couple decides to divorce, one of the more contentious arguments that may ensue usually involves who gets what. Many residents of Minnesota may think that this disagreement would only arise when it comes to personal property. Unfortunately, that is not always the case. If the divorcing couple has children, there is also always the question of who will get legal and physical child custody.

In Minnesota, the terms of child custody are determined based upon the best interests of the child. However, this does not mean that the terms will not give rise to a child custody dispute. The best way to approach this is for each individual to make a decision as to what it is they want when it comes to child custody and parenting time.

In terms of legal and physical custody, there is always the option for joint custody. However, if a joint agreement is not in the best interests of the child, the judge may decide that is not the direction that should be taken.

Joint legal custody means that both parents work together to make decisions regarding the child's schooling, church, medical care and more. Joint physical custody means that the children spend roughly equivalent amounts of time with each parent. However, the amount of time spent with each parent determines the amount of child support that one must pay the other, if any. In Minnesota and in any state, legal guidelines provide for the amount of this payment to be calculated.

When a divorcing couple decides to share parenting time and co-parent together, there are a few strategies that can help make them successful co-parents. First of all, it is important to make sure the children know that their parents love them. This will help them adjust more easily to divorce. Second, consistency is key. Consistent schedules and rules across households will make everyone's lives easier. Finally, the parents need to set a good example for the children when it comes to problem solving and cooperating with each other.

If co-parenting is the ultimate child custody decision, these pointers will help parents to ensure that they are successfully raising their children without allowing the divorce to have an excessively negative impact on their lives.

Source: American News Report, "How to Handle ChildCustody in a Divorce," Oct. 8, 2013

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AFTER ST. PAUL DIVORCE, WHO KEEPS THE PETS?

On behalf of Askvig & Johnson, PLLP

When couples divorce in Minnesota, there are many things that are divided. From property, finances and assets to child custody and parenting time, many things that had been shared together must be divvyed up. And in St. Paul and elsewhere, another family law issue that is becoming more and more common is deciding what will happen to the pets.

Pet custody cases have increased throughout the country in recent years. And, while many Minnesotans consider their furry friends as kin, under state law, pets are considered only as property. In fact, pets are considered as property in every state in the country.

Traditionally, they are divided as such in divorce cases, but judges have taken note that as of late more and more people would like their pets considered almost like children in divorce court. As such, many Minnesotans like to work out a pet custody agreement during divorce.

There are no guidelines for judges to use specifically regarding pet ownership, but when children are involved in the divorce many judges try to keep the pets with the children. But, because there are no pet custody laws on the books, many Twin Cities residents work out pet parenting plan agreements on their own and with the assistance of their attorneys.

In addition to custody and visitation, there are many other issues that can be involved in a pet custody agreement. These include residential and holiday schedules, travel arrangements, veterinary care, grooming, costs and end-of-life decisions.

Some believe that eventually there will be statutes to provide judges guidelines for pet decisions, similar to those that exist with children. Several states are currently looking into legislation to protect pets in cases of domestic violence restraining orders which could make way for further pet legislation in other legal areas.

Source: Huffington Post, "Pet Custody Cases Increasing, Divorce Lawyers Say," Sue Manning, Feb. 28, 2012

ARE POSTNUPTIAL AGREEMENTS THE WAY OF THE FUTURE FOR MOTHERS?

On behalf of Askvig & Johnson, PLLP

Residents of Minnesota are likely familiar with prenuptial agreements and the purpose they serve. These agreements are negotiated before marriage, and they often come into play if and when a couple divorces.

Prenuptial agreements are becoming relatively common amongst certain parts of the American population. However, there is a different agreement that may be new to many residents of Minnesota, but may apply to their living situation, specifically stay at home moms. This agreement is known as the postnuptial agreement.

A postnuptial agreement is created after a couple has married. Interestingly, research shows this type of agreement is on the rise with Americans. A 2012 survey showed 51 percent of divorce attorneys have noticed an increase in postnuptial agreements in the past three years and 36 percent noticed these agreements are being initiated by the wives.

Some are saying postnuptial agreements are important for women who have left a lucrative career to become a stay at home mom. This is significant because it is often difficult for mothers to regain their footing in the professional world after staying home with their children for several years. Family law statutes vary by state, and some argue these laws protect stay at home moms enough that they do not need a postnuptial agreement.

Given this state-by-state approach, it may be a good idea for couples considering a prenuptial or postnuptial agreement to speak with an experienced family law attorney. An attorney can help couples understand how such agreements can ease the divorce process should it occur, and he or she may be able to draft documents that specify how the couple would want certain family law issues resolved.

Source: The Daily Beast, "Why Stay-at-Home Moms Should Demand Postnuptial Agreements," Keli Goff, Dec. 3, 2013

Downtown Saint Paul

Do you love Downtown Saint Paul as much as we do? Home to the Xcel Energy Center, the Ordway, and Mickey's Diner, this area has so much to offer… Including our office, located in the US Bank Center on East 5th Street! More and more great restaurants and events are popping up in the area everyday, such as the recent Lowertown Blues Festival and the weekly music in Mears Park. With all of that, we are extremely excited that the Green Line Light Rail system is now up and running. Our building is located approximately 1 block from the Robert Street Station, allowing for a convenient commute!  

We are excited that the Green Line can help continue to connect the communities of St. Paul and Minneapolis! Check out http://onthegreenline.com for ideas on activities and places to visit along the Line! 

ARE DADS BECOMING MORE SUCCESSFUL IN CHILD CUSTODY DISPUTES?

On behalf of Askvig & Johnson, PLLP 

Divorcing Minnesota parents may be worried about what their decision to end their marriage means for the kids. It is also likely that, although both parents are probably concerned, the types of concerns vary between the mother and the father.

Courts have historically made decisions about parenting time using the best interests of the child standard. Numerous fathers think this means that the courts will automatically favor the child's mother when it comes to child custody. However, recent trends seem to be showing that this is not actually the case.

This past summer a research study released statistics stating that 8% of households with minor children are run by a single father. This is up from 1% of households in 1960. Although the number of households headed by a single father have increased nine-fold in this time, the number of households headed by a single mother have only increased four-fold in the same time period.

What do these statistics mean? They appear to point to two things. The first is that the rate of divorce has certainly increased since the 1960s. Second, there is a growing acceptance of fathers being the primary caregiver for their children.

According to another study, this trend has begun as more and more states, including Minnesota, have started making a move toward joint child custody rather than establishing sole custody with one parent. Although courts believed this would increase the occurrence of parents sharing the responsibility of taking care of their children, it has instead impacted the father's relationship with children and made fathers feel more empowered to ask for, and even fight for, custody of their children.

When a couple divorces fathers should certainly feel that they have the right to fight for time spent with their children if that is what they want. The best way to do this is to find an experienced family law attorney who can advocate for the father's rights and help them obtain the time that they so desire and deserve to spend with their children after divorce.

Source: The Atlantic, "The rise of the single dad," Caroline Kitchener, Feb. 24, 2014