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Spousal maintenance awards can be difficult to predict, because there are no Guidelines, as with child support, and both the amount and duration of an award of spousal maintenance are within the broad discretion of the trial court.
As recent as 1984, Minnesota Statutes relating to awards of spousal maintenance were interpreted by the Minnesota Courts of Appeal as disfavoring awards of permanent spousal maintenance.
When custody is in dispute, a Minnesota court issues a custody order that is in the "best interests of the child." Joint custody will only be awarded if parents have shown the court that they are willing and able to cooperate. A court also examines several factors with the child's welfare in mind. They include (1) the child's preference, (2) each parent's health, (3) the child's health and whether any special needs exist, (4) each parent's relationship with the child, (5) which parent has been the child's primary caretaker, (6) each parent's ability to provide a stable environment for the child, (7) any history of domestic violence or child abuse and (8) any allegations of abuse.
|Your Right to Child Custody, Visitation & Support
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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