What is Early Neutral Evaluation (ENE)?
August 12, 2013 | Elizabeth A. SchadingEarly Neutral Evaluation, or ENE, has become a pretty common component of family law cases in Minnesota. It’s a voluntary process of evaluating and mediating the issues of a divorce. Parties may opt into Financial Early Neutral Evaluation. This will be conducted by one skilled evaluator, who may be an attorney or accountant. In the case of divorce or other family matter involving children, parties may opt into Custody/Parenting Time (CPENE) also known as Social Early Neutral Evaluation (SENE). This will be conducted by a male/female team who are experienced family law attorneys, social workers, psychologists, or other professionals knowledgeable about children’s best interests. Some couples will use both processes. How Does It Work? You, your spouse or other parent, and attorneys (if you have them) will meet with the evaluator(s). The process will take three or four hours, and a fee will be assessed prior to the meeting so that you will know how much it will cost. Each side has the chance to present their information about how they feel the issues should be resolved. The evaluators will ask questions. Ideally, an agreement will be reached, just like in any divorce mediation. We recommend our clients go into an ENE with an open mind if they choose to exercise the option,…
Read MoreCan I Change My Child’s Last Name During a Divorce?
August 8, 2013 | Elizabeth A. SchadingThere are many reasons why a parent might wish to apply for a name change on behalf of a minor child during a divorce. Usually, this desire would come from a wife who wishes to revert back to her maiden name and who wishes the child to carry the maiden name as well. In order to do this you will almost always need the permission of the other parent. However, there are exceptions. Several factors will be taken into account. As usual, the courts will try to determine what’s best for the child. To this end, the court will ask several questions, including: How long has the child gone by the current last name? How will changing the child’s last name affect his or her relationship with both parents? If the child is old enough, what name does the child prefer? Is there a degree of community respect or notoriety associated with either name? Given those considerations neither the name change nor its denial are a “done deal,” especially if there really are compelling reasons why the child might be embarrassed or harassed for bearing the marital surname. What would cause embarrassment or harassment? One example might be in cases where the spouse was involved in a very public criminal case that is…
Read MoreHow to Avoid Problems with Your Child Support
August 5, 2013 | Elizabeth A. SchadingIf you are the parent who pays child support, this may bring along with it a certain amount of anxiety. While you certainly want your child to be comfortable and safe you also have a new monthly financial obligation. Getting behind on your child support can carry some severe legal consequences. However, did you know that most child-support problems aren’t necessarily caused by a lack of funds? After all, the court assesses child support on a formula that already takes your income into account. While you may not enjoy the same standard of living that you used to, child support is not supposed to keep you from paying your rent or buying your groceries. Therefore, as long as the court understands how much you make, child support is usually a manageable percentage of your income. Most people actually run into problems with child support when they fail to keep the court appraised of changes in their circumstances. They change jobs, get laid off, or get a reduction in salary. Then, they fail to inform the courts of any changes. The old child support bill keeps right on coming, and the payer gets behind. Once the support obligation is in arrears it gets much more difficult to handle. Courts don’t retroactively reduce the amount…
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