Child Support & Spousal Maintenance Lawyers
Whether you are going through a divorce or you have never been married, you want to protect your future, while doing what is right for your children. An experienced attorney can help you develop a child support and spousal maintenance plan tailored to your needs. At the Shakopee law offices of Loftness & Anderson, we understand the system, the method of calculation, and the various options available.
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Child Support
In Minnesota, child support payments are determined by state guidelines. It cannot be waived, so there must be a child support order in place. While the state guidelines help determine child support, a final decision can be reached in one of two ways:
- through alternative dispute resolution
- through the court process
You can work with your former spouse or co-parent to develop a fair child support payment schedule, but it cannot stray too far from the state guidelines or the court will not accept it. If you decide to take your case to court, the judge will make all final decisions based on Minnesota's child support guidelines. We encourage our clients to negotiate a settlement out of court that works in their favor.
Spousal Maintenance
In Minnesota, spousal maintenance, or alimony, is sometimes paid to a spouse if that spouse is not fully self-supporting at the time of the divorce, considering the standard of living that was established during the marriage. Spousal maintenance is very different from child support. Unlike child support, there are no statutory guidelines for determining whether spousal maintenance should be ordered, or what amount is appropriate.
Since there are no Minnesota guidelines for calculating spousal maintenance, cases with spousal maintenance issues are very unpredictable when submitted to a judge for determination. It helps to have an attorney who will make sure the court fully considers all factors in your case. Examples issues that may arise include:
- payment of spousal maintenance is taxable income to the recipient, and deductible by the payor.
- many people overlook the simple fact that they will be living in two households, with two sets of household expenses.
- as a practical matter, both parties may need to adjust their household budgets.
- a spouse may need more financial support immediately after the divorce than they will later.
- just because a spouse is capable of working does not necessarily mean that a judge will not grant spousal maintenance.
It is important to understand the after-tax cash consequences during your spousal maintenance matter. We can show you what your monthly budget will look like, when considering child support and/or spousal maintenance.
Contact Us Today
Whether you are involved in a dispute over spousal support of you want to find a child support plan that works, it is always beneficial to understand the potential options available. Contact us today for a free initial consultation.
Loftness & Anderson, P.A.
327 Marschall Road, Suite 370
Shakopee, MN 55379
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