Rhonda J. Magnussen LLC Rhonda J. Magnussen LLC 2026-07-10T03:37:20Z https://www.rjmaglaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504908/2026/02/cropped-siteIconA-32x32.png On Behalf of Rhonda J. Magnussen LLC <![CDATA[What happens if you violate a custody order in Minnesota?]]> https://www.rjmaglaw.com/?p=47470 2026-07-10T03:37:20Z 2026-07-10T03:37:20Z Common ways parents violate custody orders Parents break custody rules in several ways, from small delays to big changes. Being late once might not cause legal action. But repeated problems often lead to a court motion. Common examples of custody and parenting time violations include:
  • Stopping visits: One parent blocks court-ordered parenting time from the other.
  • Ignoring drop-off rules: A parent does not use the exact places or times set for custody drop-offs.
  • Moving the child: A parent moves the child to another city or state without court permission or the other parent's okay.
  • Skipping talks: A parent keeps ignoring the rules for making choices set in the legal agreement.
These actions often cause the other parent to ask the court for help. How the court acts depends on the exact facts of the case.

How Minnesota judges evaluate custody disputes

When a parent files a motion to address a breach of custody orders, the court reviews the details before imposing penalties. Judges put the child's needs ahead of punishing the adults. To come to a decision, the court looks at a few facts, such as:
  • The reason for the breach: Whether the parent had a good excuse or an emergency for breaking the court order
  • Intent: Whether the breach was on purpose or came from an honest mistake
  • Child safety: Whether the physical safety of the child was at risk during the event
  • Pattern of behavior: Whether the issue is a repeated pattern rather than a single event
Once a judge reviews these details, the court will issue an order for both parties to follow.

Potential legal penalties for noncompliance

If a judge finds that a parent violated an order without a good reason, the court has broad authority to compel them to comply with the rules. Depending on the severity of the breach, the court can impose different penalties such as:
  • Make-up parenting time: The court can give extra days or hours to the parent who lost their planned time.
  • Fines: The parent who broke the rules may have to pay fines or cover the other party's lawyer fees.
  • Contempt of court: A judge can hold the rule-breaking parent in contempt, which can lead to jail time in bad cases.
  • Custody changes: Repeated broken rules can show a change in facts, causing the court to change custody for good.
  • Criminal charges: In bad cases, such as taking a child out of state to hide them, the state can file criminal charges.
Understanding these penalties helps parents follow court orders and avoid penalties.

Where this leaves Minnesota parents

Custody orders exist to create peace for children and clear rules for parents. Acting without court permission can harm a parent's legal standing. For example, state law prohibits stopping child support payments just because the other parent blocks visitation. Addressing a breach of a custody order means following formal court rules. To protect your rights and ensure your children's interests are protected, consider calling [nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-REGULAR-NUMBER-1"] for guidance before taking any action regarding a violation of the court's custody orders.]]> On Behalf of Rhonda J. Magnussen LLC <![CDATA[How child support is calculated in Minnesota (2026 update)]]> https://www.rjmaglaw.com/?p=47457 2026-04-06T20:37:51Z 2026-04-06T20:37:51Z use various factors to determine appropriate child support payments. These often include income, the number of children, parenting time and childcare costs. Changes to any one of these or other factors can shift the payment amount. Parents who are trying to plan ahead, negotiate fairly or understand a court order can benefit from knowing the math and rules behind these calculations. This 2026 update breaks down how Minnesota calculates child support today, what factors most influence the final number and what parents should watch for when circumstances change.

Step 1: Identify each parent’s gross monthly income

Courts in Minnesota start with each parent’s gross income from all sources. Wages, overtime, commissions, self-employment income, unemployment benefits, Social Security benefits and pensions are common examples. Some deductions may apply in limited situations, including certain support obligations for other children.

Step 2: Determine proportional shares

After identifying each parent’s gross income, the court calculates each parent’s percentage share of the combined total. Those percentages drive how the courts allocate the guideline support amount. Before the court applies the guideline table, it helps to understand what goes into the basic formula:
  • Each parent’s gross monthly income  
  • Each parent’s percentage share of combined income  
  • Number of joint children  
  • Parenting expense adjustment based on parenting time
Those inputs lead to a baseline basic support number, then adjustments for parenting time.

Step 3: Apply the parenting expense adjustment

Minnesota adjusts support based on the amount of parenting time. More overnights can reduce the amount one parent pays, since that parent is paying more day-to-day expenses directly.

Step 4: Add medical support

The court will also address health insurance coverage for the child and uninsured medical expenses. Typically, the courts allocate the cost of covering the child between parents based on the same income percentages.

Step 5: Add childcare support

For work-related childcare, the court looks at actual childcare costs and generally divides them proportionally after accounting for any tax credits, subsidies or reimbursements. To avoid common surprises, keep these practical points in mind:
  • Guideline support is not optional, even with informal agreements  
  • Parenting time affects support, custody labels alone do not  
  • Income can be imputed if a parent is voluntarily underemployed  
  • Modifications require a court process, private changes create risk
These issues often drive conflict, since parents assume a handshake agreement will control. It generally will not. Child support in Minnesota follows a structured process: income, proportional shares, parenting time adjustment and considerations for medical and childcare support. In 2026, the calculations still depend on accurate financial information and clear parenting time schedules. If you want a reliable estimate for your situation or need help pursuing a fair order, contact our firm for personalized guidance based on current Minnesota guidelines.]]> On Behalf of Rhonda J. Magnussen LLC <![CDATA[Spousal Maintenance in Minnesota: An Overview]]> https://www.rjmaglaw.com/?p=47418 2026-03-20T18:05:01Z 2026-03-13T10:08:58Z What Does the Court Consider when Awarding Spousal Maintenance? Under Minnesota law, a court may award spousal maintenance if the requesting spouse:
  1. Lacks sufficient property to meet reasonable needs considering the marital standard of living,
  2. Is unable to provide adequate self-support through employment, or
  3. Is caring for a child whose condition makes outside employment inappropriate. (Minn. Stat. § 518.552, subd. 1 (2025))
Once this threshold is met, the court evaluates a number of statutory factors to determine both the amount and duration of maintenance, including:
  • The financial resources and property awarded to each spouse,
  • The time needed for the recipient to gain training or employment,
  • The standard of living during marriage,
  • The marriage’s length and any employment opportunities forgone during the marriage,
  • The age and health of each spouse, and
  • The ability of the paying spouse to meet their own needs while paying maintenance. (Minn. Stat. § 518.552, subd. 2 (2025))

New Terms Introduced In 2025 Amendments

Maintenance will now be categorized as either transitional or indefinite. Transitional meaning short term or for a specified period of time. While indefinite refers to maintenance that does not have a specified end date. Each term loosely coincides with the length the marriage and in turn the potential duration of spousal maintenance, as shown below.
Length of Marriage Type of Spousal Maintenance Potential length of Spousal Maintenance
Less than 5 years Rebuttable presumption of NO spousal maintenance
5 to 20 years of Marriage Rebuttable presumption of transitional maintenance No longer than one-half the length of marriage
20+ years of Marriage Rebuttable presumption of indefinite maintenance Unless otherwise agreed, until death of either party OR the remarriage of the party receiving maintenance
 

How Can Spousal Maintenance Be Modified

Spousal maintenance can be modified or terminated when a substantial change in circumstances makes the existing order unreasonable or unfair. Examples where modification may be necessary may include:
  • Significant changes in employment or income
  • Retirement, particularly at a customary age and was done good faith.
  • Cohabitation by the recipient with another adult, to the extent that it improves their financial situation.
Even if the maintenance is labeled as indefinite, it remains subject to modification or termination upon proper showing, unless the parties have expressly agreed to preclude modification through a waiver.

Conclusion

Minnesota approach to spousal maintenance continues to evolve creating greater clarity and predictability for parties and courts alike. The courts continue to determine eligibility based on need and inability to support oneself and thoughtfully consideration of several factors to make such determinations. The 2025 statutory amendments introduced new terminology that creates a tangible link between length of marriage and duration of maintenance. There are alternatives to traditional spousal maintenance to which parties can agree. A family law attorney can guide you as to whether spousal maintenance is appropriate in your case and to explore creative and personalized solutions.]]> On Behalf of Rhonda J. Magnussen LLC <![CDATA[A Practical Guide to Prenuptial and Postnuptial Agreements]]> https://www.rjmaglaw.com/?p=46564 2026-02-18T16:04:06Z 2025-10-13T13:00:35Z What Is a Prenuptial Agreement? A prenuptial agreement (also called a prenup or antenuptial agreement) is a legal contract that a couple signs before getting married. This agreement outlines how finances, property, and other assets would be handled in the event of a divorce or if one spouse passes away. While it may sound complicated, the goal of a prenup is simple: to help both partners protect their interests and avoid future conflict during emotional or difficult times.

What can a Prenup Cover?

A prenuptial agreement can define the rights each person has in both marital and nonmarital property, determine whether spousal maintenance will be paid and under what conditions, and establish what rights each has to the other’s estate. The agreement can even override default inheritance laws and include a clause that waives any rights to property or estate not expressly granted in the agreement. However, any attempts to make determinations on child support, custody, or parenting time will NOT be enforceable.

What Makes a Prenup Legally Enforceable?

For an agreement to be enforceable, a prenuptial agreement must follow specific formalities. It must be in writing, signed in the presence of two witnesses, and acknowledged by both parties before a person authorized to administer oaths, such as a notary public. However, how the agreement is made is just as important as what it states. Minnesota law outlines the procedural process necessary for a prenuptial agreement to be enforceable. Each party must provide full and fair disclosure of their current assets and property, including a fair and accurate description and good faith estimates of value. Both parties should also have a genuine opportunity to consult with independent legal counsel of their choice. The agreement must be entered into willingly, without coercion or pressure, and should be signed and finalized at least seven days before the wedding. A Minnesota court will also examine whether the agreement is so one-sided or affected by drastic, unforeseen changes in circumstances that enforcing it would be unconscionable. Just because the agreement deviates from what the law would normally provide, such as one spouse waiving the right to maintenance, doesn’t automatically make it unfair. The key question is whether the agreement still reflects what both parties reasonably expected at the time they signed it. If it doesn’t, a court may refuse to enforce some or all the terms.

What if you’re already married?

If you are already married and wish you had created a prenuptial agreement, you still have options. A postnuptial agreement is similar to a prenuptial agreement but is entered into after the marriage, not before. Although both types of agreements aim to address similar issues, courts scrutinize postnuptial agreements more closely. For a postnuptial agreement to be valid, it must meet the same requirements as a prenuptial agreement: be in writing, signed by both parties, and fair to both. Additionally, both individuals must have independent legal counsel to ensure fairness. If a divorce or separation is filed within two years of signing the postnuptial agreement, it is presumed unenforceable.

Why might an Antenuptial or Postnuptial agreement be a good idea for you and your soon to-be spouse?

While it can be intimidating, a prenuptial agreement often presents a couple with the opportunity to have an honest conversation about each other's financial situation and expectations. It also allows both parties to safeguard any assets, inheritances, or businesses they have prior to entering the marriage. In the unfortunate event of a divorce, a prenuptial agreement can streamline the process, potentially saving both time and money. However, it's important to acknowledge that prenuptial agreements do come with their challenges, particularly the emotional strain they can cause. Historically, prenups have been seen as a sign of mistrust, which can create tension between partners. As such, anyone requesting one should be prepared for the possibility of hurt feelings or discomfort within the relationship. While it can be intimidating, the goal of a prenuptial agreement or postnuptial agreement is not to predict failure, but to ensure both partners feel secure and understood. By understanding these agreements and their benefits, you and your partner can approach the process with clarity and an open mind, ensuring fairness and peace of mind for the future.]]> On Behalf of Rhonda J. Magnussen LLC <![CDATA[Want to Make Sure Your Real Property Goes to the Right People, Hassle-Free? Consider a Transfer on Death Deed]]> https://www.rjmaglaw.com/?p=46563 2026-02-17T21:04:49Z 2025-10-08T09:08:08Z What’s a Transfer on Death Deed (TODD)? In simple terms, a Transfer on Death Deed (TODD) lets you name someone to inherit your property when you pass away, automatically, with no probate required! This means that after your death, the property will go directly to the person (or people) you’ve chosen, without your loved ones having to go through the often lengthy and expensive court process known as probate.

But here’s what makes a TODD especially appealing:

The property doesn’t actually transfer to your chosen beneficiary until after you pass away. While you’re alive, you remain the full owner. You can live in your home, sell it, refinance it, or even change your mind about who should get it. If you decide you want to leave the property to someone else, or if you sell your house, you can revoke the TODD or record a new one. Your choices are not set in stone.

Who can you name as a beneficiary?

Almost anyone! Whether it’s your children, a niece or nephew, a close friend, a trustee of a trust, or a business entity, you get to decide who will receive your property. You can also name more than one person. However, it is important to note that a business cannot be the ‘Grantor Owner’ or the individual who gives away the property. If your situation is more complicated, or if you want to leave property to a minor or someone with special needs, talk to an estate planning attorney to explore your options on how to get your property to the person you want.

Why is this so helpful?

Without a TODD, your property might have to go through probate, which can take months or even years, and can be stressful for your loved ones. With a TODD, the transfer is much simpler and faster. Your beneficiary needs to provide a death certificate and the necessary paperwork to the county recorder, and the property is theirs, no court battles, no waiting.

A Few Things to Keep in Mind:

While a TODD can simplify your estate planning, there are a few steps that need to be taken. Here’s what you’ll need to do:
  1. Properly Complete the Deed: A TODD is only valid if it is completed with all relevant information, signed, notarized, and properly recorded with your county.
  2. It Doesn’t Shield from Everything: A TODD helps avoid probate, but it won’t protect your property from creditors or Medicaid estate recovery.
  3. Not for Everyone: If you're planning to leave property to a minor, someone with special needs, or if your estate is more complex, you may need the help of an estate planning attorney to find the best solution.

Who Is It Best For?

For many Minnesotans, a TODD is a straightforward, effective way to pass down property. It’s ideal for simple situations, where you want to make sure your property goes to the right person without all the legal headaches. But, as with any estate planning decision, if you have special circumstances, it's worth consulting with an estate planning attorney to make sure you're making the right choice.

Final Thoughts

Estate planning doesn’t have to be overwhelming, and a Transfer on Death Deed is one way to make it easier for your loved ones when the time comes. Just remember, while it’s a helpful tool, it's not a "one-size-fits-all" solution. If you're unsure what’s right for your situation, it’s always a good idea to seek professional advice.]]> On Behalf of Rhonda J. Magnussen LLC <![CDATA[Better Put a Ring On it!]]> https://www.rjmaglaw.com/?p=46055 2026-02-17T21:04:31Z 2016-10-19T05:00:00Z Singles Buying Real Estate Together - Seek Advice

You've been together for a while. You think this is going to last. You're tired of renting and throwing your money away. You think the time is right to buy a house with your significant other-but you're not married. No big deal right?

Wrong. Or at least, it could go very, very wrong. A whole bunch of things could make your life very miserable. While we don't want to be naysayers, it's always a good idea to hope for the best and prepare for the worst. Here are a few ways that things can get murky and areas where seeking legal advice is a great idea.

First, who is going to be on the mortgage and on the deed? If you're both on the deed, you'll both need to be on the mortgage, making you both equally responsible for paying for the property. That doesn't sound so terrible, but what if one of you has bad credit? It could hike your interest rate up, or even make it hard to get approved. Maybe it's so bad that you agree to leave that person off the mortgage and the deed. If you decide to do this, it leaves one person wholly unprotected in the event of a breakup.

What happens if you break up? You've probably known a few people who have gone through a divorce and had some controversy over who gets the house. Many of the same emotions are at play when you break up and have to divide real property, but there aren't the same protections in place for unmarried people. If you're both on the deed and if you cannot come to an agreement on your own, a partition will need to happen. If the property is one that can be easily divided (a duplex, or maybe a hobby farm with a house and some outbuildings or fields), you can petition a court for partition in kind. Of course, you might have a fight over who gets what portion of the land. If the property can't really be divided, then you'll petition the court for a partition by sale, in which the property is sold and the profits divided. The court may take into account who paid the taxes, repairs, and down payment when deciding how to divide the profits.

What if you're not on the deed or the mortgage and you put money down for a down payment or you've been paying for the repairs? You may be completely out of luck unless there is some written agreement as to what happens in the event of a breakup. In fact, even if you're on the deed and the mortgage it's a really good idea to have a written agreement to cover all of the possible what-ifs. It's a little like having a pre-nuptial agreement or an operating agreement. It can be a little tense when you're trying to hammer out the details. If you can't come to an agreement before you buy the house, imagine how difficult it will be if you break up!

All of these issues and more are issues we have seen more than a time or two. If you're thinking about buying property with someone who isn't your spouse, make sure to consult an attorney about protecting yourself.

]]>