tel. 651/210-9409

I represent clients primarily in the Twin Cities seven-county metro area. Contact me for more information.

• Roseville (MN)
• Ramsey County
• Arden Hills
• Columbia Heights
• Falcon Heights
• Fridley
• Hennepin County
• Little Canada
• Maplewood
• Minneapolis
• Mounds View
• New Brighton
• North Oaks
• Shoreview
• St. Anthony Village
• St. Paul
• Vadnais Heights
• Washington County
• White Bear
• Woodbury

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Contents of Order

An award of maintenance or support money in a divorce or legal separation has to include whether the money is for maintenance or support, or what part of the award is maintenance and what part is support money. An award of future income or earnings of the parent with whom the child resides is presumed to be maintenance. Incoming money could be either maintenance or child support, but outgoing money from the custodial parent is obviously not child support. An award of payments from the future income or earnings of the parent with whom the child does not reside is presumed to be support money, for similar through reverse of the previous reason.

In divorce or legal separation, the court has the authority to determine whether or not either spouse is entitled to an award of maintenance, even if no award is made then. Alternatively, the court may reserve adjudication of maintenance for determination at a later date. This is called reserving jurisdiction. Otherwise, a court releases jurisdiction.

Notice of Address or Residence Change

The obligor must notify the obligee and the public authority responsible for collection, if applicable, of a change of address or residence within 60 days of the address or residence change. The order for child support or spousal maintenance is required contain a notice to that effect. The court may waive or modify these requirements by order, if necessary to protect the obligor from contact by the obligee.

Determination of Controlling Order

The public authority or a parent may request the district court to determine a controlling order in situations in which more than one order involving the same obligor and child exists. The court assumes that the most recent order that involves the same obligor and joint child is controlling, unless proven to the contrary.