de Beer & Associates, P.A.

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April 2013 Archives

Contest child custody hearing and the presumed minimum

Last year there were considerable discussions in the Minnesota State House and Senate about potential changes to the existing parenting time presumption that exists in contested child custody cases. Under current Minnesota law, parents in contested child custody proceedings are entitled to a minimum of 25 percent parenting time with their child, while the rest of the parenting time is either negotiated between the parties themselves or it is set by the court.

High-asset divorce and the impact on the family business

Divorce can be complicated, especially for high-asset couples with significant financial holdings and large estates to divide. Family-owned businesses are among the many assets that can become complicated to divide. While the final goal in dividing a family-owned business is the same as any other asset, minimizing the financial impact and protecting the client's interests, the actual technical know-how is often much more complex.

Appealing a child custody ruling for judicial bias

In Minnesota, child custody decisions are based on an evaluation of the best interests of the child. The court generally considers a number of factors when determining the best interests of the child, such as the wishes of the parents, the preference of the child and the mental and physical health of both parties. While the family court has significant latitude to make decisions in child custody matters, a parent has a right to request a review of that decision.

Understanding prenups, equitable distribution, and divorce

An impending divorce between oil executive Harold Hamm and his wife Sue Hamm could be the most expensive divorce in American history. Hamm is worth an estimated $11 billion, due largely in part to his 68 percent stake in the oil company Continental Resources. With no prenuptial agreement, Sue Hamm may be entitled to half of Harold's 68 percent stake, leaving the oilman without control of the company and with $5 billion less in the bank.

What to know when filing for taxes after filing for divorce

Divorce can be expensive, especially for high-asset couples with large financial holdings and extensive business assets. The cost of divorce, however, is about much more than lawyer's bills and court costs, it is often about income tax. While the following blog does not address many of the complex issues associated with tax and divorce, particularly the nuances of property division, Minnesota couples may find it as a nice primer on income tax and divorce.