Minnesota Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Minnesota
March 15, 2017 By Maury D. Beaulier, Attorney at Law
Employers and Payors of Funds may face contempt and other significant penalties if they fault to properly withhold proceeds from income or payments to someone who owe child support. Understanding the obligations is critical to avoiding potential liabilities.
March 8, 2017 By Maury D. Beaulier, Attorney at Law
Generally, child support arrears cannot be modified by a court. However, there are exceptions which may offer solutions or negotiations that may result in reductions.
February 16, 2017 By Maury D. Beaulier, Attorney at Law
Retaining an experienced attorney is important part of negotiating, drafting and reviewing prenuptial contracts. Costly errors are not easily remedied, if they can be remedied at all.
February 1, 2017 By Maury D. Beaulier, Attorney at Law
Changes in Minnesota's Spousal Maintenance law may affect those who cohabitate.
Preparing for a Social Early Neutral Evaluation may assist parties in presenting and resolving their custody and parenting time issues at a an early stage of legal proceedings.
Arson cases can either be charged in federal or state court. In Minnesota, the most common arson charge is arson in the first degree, which charges that the person intentionally set fire to his home or other dwelling, usually for the insurance money or some other financial reason. This is a serious charge that, if convicted, will likely result in at least a 4-year prison sentence. If you or a family member is facing charges of arson, you need an attorney experienced in handling arson cases.
In the event you as a business owner or homeowner or even a residential tenant are forced to move due to a government buyout, you are eligible for relocation expenses.
Sex crime allegations are some of the most serious criminal charges a person can be accused of committing either in state or federal court. In addition to serious jail or prison sentences, a person convicted of sex crime allegations may be required to register as a sex offender for a minimum of 10 years, and possibly for life. Sex crime allegations can negatively affect numerous areas of your life, including your professional and personal life.
Here are some things to consider to make the road to obtaining H-1B status a bit less bumpy.
I’m sure I’m not the only one who has read / watched / talked about the economy this past weekend and gone, “Yikes!” Times are tough! This puts the emphasis on being very flexible, very opportunistic as it were, about how you stretch your precious few dollars and still get done what has to get done.
The holidays present a special challenge for families that are going through a divorce, a process which often brings with it disputes over emotional hurts, property, child support and alimony, custody and visitation and spousal support.
Article XI of the Minnesota Constitution prohibits the State from running a deficit. When tax revenues are significantly lower than expected, the State must cut spending or raise taxes in order to balance the budget.
Minnesota statute § 519.11 authorizes the use of “antenuptial” agreements (prenuptial in every day language) in order to give parties the chance to disclaim any interest in nonmarital or marital property after they are married.
Determining whether a Trust is right for you and your family can be a difficult decision. There are many factors which come into play and no estate plan is right for everyone.
Medical marijuana is a very controversial topic. Recently, there have been 16 states with pending legislation or ballot measures on medical marijuana: Florida, Georgia, Kansas, Kentucky, Maryland, Minnesota, Mississippi, Missouri, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Utah, West Virginia, and Wisconsin.
Minnesota DWI Laws can be very difficult for drivers that choose to drive under the influence of alcohol. But, they can be especially harsh for those individuals that possess a commercial driver's license.
Most people are very aware of the dangers of drinking and driving, but texting while driving is becoming just as serious a threat on our public roadways.
Law enforcement officials agree that intoxicated driving during the day is a rising problem.
A recent study published in the Journal of the American College of Surgeons shows that patients who undergo gastric bypass surgery take a longer period of time to process alcohol in the body which can lead to excess drinking and other problems.
Under Minnesota’s implied consent law, any individual who chooses to operate, drive or be in control of a motor vehicle is automatically assumed to have consented to a blood, urine or breath test. These tests are used to determine whether there is a presence of alcohol or any other controlled or hazardous substance in a person’s body.
If you have been served with an Order for Protection: If you have been served with an Order for Protection, it is important that you consult with an attorney immediately to discuss your rights, as in most cases you only have five days to request a hearing after you are served with an Order for Protection.
USCIS says that Dream Act eligible candidates that meet the criteria of the “Deferred Action for Childhood Arrivals” program will not be deported. It is expected that exact guidelines and procedures for this program will be put into place sometime during August, 2012, detailing how eligible candidates can apply for this status of deferred prosecution of removal from the United States. If granted, an individual also may be eligible for work authorization. The program is for those immigrants who:
When a vehicle is involved in a crime such as a DWI, often law enforcement will seize the vehicle as evidence. Upon arrest, the vehicle will be taken into police custody and a notice of forfeiture will be issued shortly thereafter. In Minnesota, this notice allows the owner of the vehicle 30 days in which to challenge the forfeiture. If they do not do so, then the state will take ownership of the vehicle.
When a police officer pulls someone over for drunk driving, they will likely ask that person to step out of the vehicle and perform one or more field sobriety tests. Field sobriety tests consist of both physical and cognitive tasks that can give a police officer probably cause to believe a person has been drunk driving.
We've put together a list of 4 common myths about prostitution in Minnesota. - Myth: Only new clients can be undercover cops. Fact: Police often use hobbyists who have already been arrested to pose as people looking for sex in prostitution stings.
Should you worry about protecting a large drug manufacturer who may have acted negligently to protect the profitability of their product, while your child suffered as of result of this negligence? We get this question lot: Should I hire a Zoloft lawyer? A lot of our clients don't consider themselves the 'litigious type' and thus can feel apprehensive about filing a lawsuit.
Many people are confused by the term "probate" and what it means. That is ok. It's complicated. Ask a group of estate planning lawyers what "probate" is and you will probably get a different answer on what the term "probate" means to each of them. To me, it is a broad term which means the process of administering a Will through the legal system after a person's death.
For our clients whose assets are sizeable, we understand that there are specific issues that will arise during a divorce. Complex financial holdings and property division must be reviewed carefully in order to create an equitable distribution of assets. First and foremost, any prenuptial or postnuptial agreements must be reviewed.
When the child was only four months old, his mother was murdered by a man she had previously dated. Less than two weeks after the murder, Givens filed a petition seeking to become the child’s “sole legal and sole physical” custodian. At the time of filing, Darst was presumed to be the father; however, Givens did not notify him about her petition.
This question of whether Zoloft causes birth defects likely brought you here for two reasons. #1: You’re currently taking an antidepressant like Zoloft and you are pregnant or thinking about becoming pregnant. #2: Your child was born with a birth defect and you want to know if Zoloft was responsible in causing the injury.
As a general rule of thumb, if you're concerned about the statute of limitations for your Zoloft related birth injury case, the sooner you contact an expert the better. It's as simple as filling out a free Zoloft case evaluation form to find out if you have a case. Whether you consider yourself a litigious person or not, in the case of Zoloft, the manufacturers may have known about the potential dangers to your child but negligently chose to not disclose this information.
Historically doctors had no idea that any risks were being posed to the unborn child when the mother took Zoloft while pregnant. Conversely, the manufacturer of Zoloft may have known of the increased risks to fetuses but chose not to disclose them. There are several reasons why they may have done this but most likely it was to protect their bottom line, make a quarterly earning call, or hope that the number of affected infants would be nominal.
In the case of Zoloft, this was prescribed to pregnant women by doctors who truly believed they were not risking the health of the unborn child. And the mother trusted the judgment of the doctor. What nobody counted on, was that manufacturer of Zoloft may have known of these unacceptable risks, yet did nothing to warn pregnant women of these dangers.
Easier said than done, but if you can find a way to combat depression that doesn't involve Zoloft, especially during your third trimester, then those risks to your child are dramatically reduced. Certain birth defect risks, such as pulmonary hypertension, have been reported to increase 600% when mothers took Zoloft in their last trimester.
Zoloft has been shown in several double blind studies to cause numerous sexual side effects for both men and women. Up to 70% of men on Zoloft experienced difficulties with ejaculation. For women on Zoloft, almost half experienced difficulties with orgasm. For both men and women, 12% had problems becoming sexually aroused, while on Zoloft.
What is Zoloft discontinuation syndrome? - Zoloft discontinuation syndrome is the technical term for what occurs when patients experience 'Zoloft withdrawal', or stop taking Zoloft too suddenly. There is no way to tell in advance if one will experience withdrawal symptoms – it is determined by numerous factors such as the dosage, how the patient was taken off the drug, metabolism, etc. The withdrawal symptoms can be severe and can last several weeks.
Currently there is a general consensus among medical professionals that Zoloft does pass through breast milk and it should only be taken by women who breastfeed if the benefits outweigh the risks. Quantifying both of these of course can be awfully difficult. According to WebMD, Sertraline (Zoloft) does pass through breast milk.
Antidepressants continue to be improved upon, designed to work more effectively, and have fewer side effects. That said, 60 minutes had a fascinating piece on Sunday (originally aired 02/19/2012) highlighting recent studies that ask: Do antidepressants work better than placebos? Zoloft has been prescribed since 1991. And by 2007 it was the most heavily prescribed antidepressant in the US with almost 30 million prescriptions.
The law in Minnesota is forever changing as DWI attorneys challenge inaccurate testing for DWI cases. Review the latest changes in 2012. The Minnesota Supreme Court decided the case of State v. Tanksley on February 8, 2012. That ruling allows the State to continue using urine tests in DWI cases despite the significantly flawed nature of the test in relationship to intoxication.
Zoloft (Sertraline) was primarily developed to regulate and balance chemicals in the brain and was commonly prescribed to treat depression, anxiety, and obsessive-compulsive disorder. Zoloft’s primary method of balancing these chemicals is through what is known as a serotonin reuptake inhibitor (SRI). By inhibiting the reuptake of serotonin, higher levels of serotonin remain in the brain.
Significant linkages have been made between Zoloft and birth defects. Many of these were brought to the attention of Pfizer by the FDA; however, Pfizer still did not adequately warn about the dangers Zoloft posed to unborn children. This is the primary reason why Zoloft Lawsuits are are being seen today.
Minnesota divorce and family law lawyer, Adam J. Blahnik discusses the problems with the Minnesota child support laws regarding the inherent skepticism of parents who are legitimately wanting parenting time with their children at least 45% of the time. In the year 2007 the child support laws in the State of Minnesota were changed to form a nexus between the amount of time that a parent has with a child and the amount of child support that the parent must pay.
Adam J. Blahnik, a Minnesota divorce and family law lawyer, explains how Minnesota is considered a common law property State (or marital property State) as opposed to a community property State. He then details the difference between "marital property" and "non-marital property" in Minnesota.
Adam J. Blahnik, a Minnesota child support lawyer and divorce and family law attorney, breaks down the basics of the Minnesota child support laws. If you are in a position where you will either have to pay child support or will be receiving child support, this article provides an overview of the child support laws in the state of Minnesota.
Custody and Parenting Time Issues Presented - If you are facing a child custody issue due to either the custodial or the non-custodial parent moving out of state, make sure that you're on the right side of your state's child custody law and operating within the confines of your child custody agreement.
Everyone knows that, much like diet and exercise, networking is good for you and that there are lots of excuses for avoiding it. Practicing lawyers confronting the need to "get out there and network!" find it engenders powerful attitudinal obstacles. But unless you tap networking as a business development tool you will consistently fall short of your potential.
Issues of child custody and visitation are often the most emotional ones encountered during a divorce proceeding. Both parents are interested in the well-being of their children, but their beliefs and methods of upbringing may differ greatly.
New laws in 2011, included alcohol interlock devices to shorten revocation/cancellation periods for DWI offenders.
The author discusses how parents can develop parenting time in Minneapolis, MN.