Misconceptions About Child Support
July 1, 2018 | Elizabeth A. SchadingChild support is one of the main issues that can be decided when it comes to divorce. Child support are regular payments that are made by one parent to the other. Despite the concept of child support seemingly being simple to understand, there are misconceptions associated with it that can cause problems when it comes to the divorce. So, let’s take a look at them and clear up questions commonly asked. Child Support is Optional Many people think that child support is an option after a divorce and not something you have to do if you don’t want to. Well, depending on the ruling in your divorce, if you are ordered to pay child support it can be a criminal offense not to pay. This means you must keep up with your payments or face consequences for it. The amount you pay for child support will be calculated based on your income, as well as insurance costs, childcare costs, and the amount of time the child is in your care. Once set by the court, this is the amount you need to pay; it is not optional. Child Support is only for Food and Clothing It is often assumed that child support is for the basics that are needed, such as food…
Read MoreFair Share Agency Fees Struck Down by the United States Supreme Court
June 27, 2018 | Scott M. LepakIn a decision widely expected, the United States Supreme Court on June 27, 2018 struck down state laws that compelled public sector union employees to pay “fair share” or “agency” dues. In Janus v. AFSCME, the Supreme Court held that laws compelling these dues from unwilling members violated the First Amendment by requiring employees to, in effect, pay for speech with which they do not agree. The Supreme Court held that unions representing public employees have to fairly represent these employees regardless of whether they were dues paying members. The Supreme Court summarized its view as follows: Neither an agency fee nor any other payment to the union may be deducted from a nonmember’s wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay. What’s next: Laws, including Minnesota Statute Section 179A.06, Subd. 3, that require fair share fees to be taken from an employee’s pay check are unconstitutional. Employers must stop current automatic fair share payment withdrawals from the checks of employees unless and until the employee fills out a form consenting to pay. Employees who opt out of paying dues will still be covered by the collective bargaining agreements. However, unions will likely address the issue of individuals who do not…
Read MoreWill Mediation Make My Divorce Go More Smoothly?
June 26, 2018 | Elizabeth A. SchadingWhen people get married, they aren’t planning for divorce. When a divorce does happen, it can be confusing and upsetting. In fact, a divorce is one of the toughest things you can go through, especially when there are children involved. So, when it comes to considering the divorce from a legal standpoint, you will be thinking about all of your options. You may want to resolve things amicably and as fast as possible, but this is not always the case. You may think that litigation is the only path you can go down to finalize your divorce, but there are other options that are open to you. These options can help you save money on your divorce as well. This includes mediation. So, let’s have a closer look at mediation and see if this will suit your particular needs. This is a process where you can enter discussion and negotiation with your former partner to reach a divorce settlement that will suit both of you. It is less like a competition, which can happen at litigation; it is more about working together to reach a solution. There is a neutral third party called the mediator who will guide you and help you when you need it. In addition, you can bring…
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