James D. Capra Inc. 2025-03-31T12:43:41Z https://www.saintpauldivorce.com/feed/atom/ WordPress /wp-content/uploads/sites/1301859/2020/03/cropped-favicon-32x32.png by jamescapra https://www.saintpauldivorce.com/?p=46786 2020-05-22T18:11:05Z 2020-05-22T18:11:05Z

very bad idea.  Now is the time to switch into damage control mode because your support obligation is most likely part of an existing District Court Order.   There is no general grant of amnesty to support obligors because of the current pandemic and you will remain fully responsible for your monthly support amounts.  Failure to do so could result in an order of contempt, child support arrearages, accrued interest, driver’s license suspension, attorney’s fees or even a trip to the County workhouse. The good news is that if you can’t pay the order support amidst this crisis, you can bring a motion to have it lowered.  Even if it takes several weeks before a magistrate or judge considers your request, Minnesota law allows for any modification to which you are entitled to be made retroactive to the date you served your motion on the other party.  The sooner you act, the better. Over the course of my 28 years in practice, I’ve represented numerous child support obligators and under the current circumstances I’ve done my level best to focus on providing legal help to people in need as quickly and as affordably as possible.  For reasons given, it bears repeating that you need to bring a proper and well-documented motion as soon as possible.  You would do well to get your financial information together, including any documentation regarding the loss or reduction of your employment.  I never recommend people bringing this kind of motion without a competent attorney but that’s your choice. My initial consults are free and I recommend you at least talk to an attorney you trust.]]> by jamescapra https://www.saintpauldivorce.com/?p=46772 2020-05-15T19:47:48Z 2020-05-15T19:40:05Z

Kramer v. Kramer dogfight scenario isn’t the only way to go.  If avoidable, it’s not even a particularly good way to go. If you’ve made the decision to end your marriage, it’s time to consider your quality of life prospects post-decree.   Simply ramming an adverse court order down the throat of your spouse can end up being a life choice you'll regret for the rest of your days.  But if you want to spend your life savings on litigation costs and alienate your spouse, your children, parents, siblings and extended family – that’s up to you. There’s often a high road to take.  I recommend first arranging for each party to consult an attorney.  Some attorneys will offer free initial appointments. Just get an idea of each spouse’s rights and identify sources of conflict and other problems that could arise down the road.  Plan  to  meet with your spouse and to listen more intently than you ever have before.  At some point, you got along well enough to get married, maybe have kids, buy a house and forge a life plan.  Now’s the time to garner whatever domestic good will you’ve got left and put it to good use. In any divorce discussion, the spouses need to realize that nobody gets everything they want and peaceful settlement requires compromise, even if it hurts.  If you arrive at an agreement both parties can live with, a  proposed divorce decree can be drafted.  I couldn’t more strenuously urge you to bring one or two attorneys on board for this, as failure to properly prepared your stipulated divorce decree can result in problems that can’t be fixed or very expensive post-decree litigation – the very type of thing you were hoping to avoid.   In many cases, stipulated divorces can be done without a hearing.]]>