alimony in Minnesota

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alimony in Minnesota

Postby tsk » Mon Feb 20, 2012 5:16 pm

Married 15 years.

I'm 45 and make 92K pretax, she's 48 and made 6k last year working part time. Does anyone here have Minnesota experiences or examples of amount and/or duration? We're splitting custody of two teenagers 50/50 and have no significant assets.

Thanks.
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Re: alimony in Minnesota

Postby CCR » Mon Feb 20, 2012 7:31 pm

Child support is $1162/month.

As for alimony.....since family law statutes in MN provide no formula, the amount and time is really based on the quality of the attorney you hire.

As an estimate, it could be $1000-$3000/month.

As for time, 3 years to forever.

That's why you need an attorney that specializes in fighting alimony awards.
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Re: alimony in Minnesota

Postby Trevor » Mon Feb 20, 2012 7:43 pm

Call Maury Beaulier and he'll steer you right. Tell him where you got the referral. He is well-known here by the long-timers.

http://beaulier.com/
Dual Parenting, not Duel Parenting.
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Re: alimony in Minnesota

Postby Groundhogday » Tue Feb 21, 2012 8:55 am

Don't be too sure about the 50/50 split. My wife and I agreed to split the kids until she talked to a divorce attorney and found out how much money she could get from child support (tax free). I don't pay alimony, but despite having my two kids 40% of the time the initial ruling from our judge gave me virtually no credit for residence and had me paying $800/mo in child support (equal incomes).

My recommendation: get a very good attorney and move fast before she has time to change her mind or find a good attorney of her own.
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Re: alimony in Minnesota

Postby jumbledone » Tue Feb 21, 2012 8:59 am

GHD- were you not able to get to the 45.1% standard? There is a significant break at that point. I am hoping and praying that I get to stay in my kids' lives fully after the decree, but am worried that STBX sees the $$ signs. STBX and I earn proportional incomes (56 me/44 her), and at that break, with me paying for childcare OOP, I will owe her like $26/month.
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Re: alimony in Minnesota

Postby Groundhogday » Wed Feb 22, 2012 12:31 am

jumbledone wrote:GHD- were you not able to get to the 45.1% standard? There is a significant break at that point. I am hoping and praying that I get to stay in my kids' lives fully after the decree, but am worried that STBX sees the $$ signs. STBX and I earn proportional incomes (56 me/44 her), and at that break, with me paying for childcare OOP, I will owe her like $26/month.

I'm in Washington State. I think our threshold is officially 15% for residential credit but in reality, for anything less than 50/50 judges give very little residential credit. I have my kids 40% of the time and the judge gave me credit for 13% of the basic child support (we have almost identical incomes). A legislative work group in our state spent a year studying this issue, holding hearings across the state, bringing in experts, and came up with a standard residential credit calculator. Unfortunately, once it got into the legislature, the judicial committee killed the calculator because it was strongly opposed by the Bar Association and Superior Court Judges. The judges don't want to give up their discretion (POWER) and the attorneys make a fortune off the current ambiguity.
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Re: alimony in Minnesota

Postby tsk » Mon Feb 27, 2012 4:09 pm

The stbx and I have tentatively agreed on $3k/month ($2800 ss & $210 cs) for 3 years with a review at that time and a 10 year limit.
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Re: alimony in Minnesota

Postby Anything4Her » Mon Feb 27, 2012 4:20 pm

tsk wrote:($2800 ss & $210 cs)


That could be a trap. $210 child support is well below the guidelines. After three years, it is reviewed and bumped to
CCR wrote:Child support is $1162/month.

and you are screwed.

Alimony is set, child support is modifiable any time with a change in circs or minimum time. Flip the formula and agree to sign $210 Alimony and $2800 Child Support. If she is in good faith attempting to improve her skills and get back into the workforce, then three years is plenty of runway.

-a4h
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Re: alimony in Minnesota

Postby CCR » Mon Feb 27, 2012 6:20 pm

There are a couple potential problems here. One is if the OP pays the money labeled as CS, then there are tax implications.

But, if he pays way below guideline for CS and more alimony, if there is a substancial change in circumstances next week (say his ex gets a new job with higher or lower income), there will be a cs hearing and state law overrides the decree.

He will pay guideline CS at that time plus the alimony is already locked in.....and it won't be changed.

Many a person has give a disproportionate amount of assets in lieu of lower CS.....then they end up paying full CS shortly thereafter...and the asset division stays the same.
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Re: alimony in Minnesota

Postby Trevor » Wed Feb 29, 2012 3:33 pm

What did Maury say?
Dual Parenting, not Duel Parenting.
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