Can I Change My Child’s Last Name During a Divorce?
August 8, 2013 | Elizabeth A. SchadingThere are many reasons why a parent might wish to apply for a name change on behalf of a minor child during a divorce. Usually, this desire would come from a wife who wishes to revert back to her maiden name and who wishes the child to carry the maiden name as well. In order to do this you will almost always need the permission of the other parent. However, there are exceptions. Several factors will be taken into account. As usual, the courts will try to determine what’s best for the child. To this end, the court will ask several questions, including: How long has the child gone by the current last name? How will changing the child’s last name affect his or her relationship with both parents? If the child is old enough, what name does the child prefer? Is there a degree of community respect or notoriety associated with either name? Given those considerations neither the name change nor its denial are a “done deal,” especially if there really are compelling reasons why the child might be embarrassed or harassed for bearing the marital surname. What would cause embarrassment or harassment? One example might be in cases where the spouse was involved in a very public criminal case that is…
Read MoreHow to Avoid Problems with Your Child Support
August 5, 2013 | Elizabeth A. SchadingIf you are the parent who pays child support, this may bring along with it a certain amount of anxiety. While you certainly want your child to be comfortable and safe you also have a new monthly financial obligation. Getting behind on your child support can carry some severe legal consequences. However, did you know that most child-support problems aren’t necessarily caused by a lack of funds? After all, the court assesses child support on a formula that already takes your income into account. While you may not enjoy the same standard of living that you used to, child support is not supposed to keep you from paying your rent or buying your groceries. Therefore, as long as the court understands how much you make, child support is usually a manageable percentage of your income. Most people actually run into problems with child support when they fail to keep the court appraised of changes in their circumstances. They change jobs, get laid off, or get a reduction in salary. Then, they fail to inform the courts of any changes. The old child support bill keeps right on coming, and the payer gets behind. Once the support obligation is in arrears it gets much more difficult to handle. Courts don’t retroactively reduce the amount…
Read MoreBarna, Guzy & Steffen Announces Addition of New Shareholders
August 1, 2013 | Barna, Guzy & Steffen, Ltd.The Shareholders of Barna, Guzy & Steffen, Ltd. announce that Timothy D. Erb, Tammy J. Schemmel and Adriel B. Villarreal have been named Shareholders. Tim is a 2001 cum laude graduate of Hamline University School of Law. He began his career at BGS in 2004 as an associate in the Real Estate department. Tim concentrates his practice in both commercial and residential real estate including acquisitions, sales, leasing, development and title law. His practice also includes providing counsel to developers and associations regarding formation and operation of common interest communities (condominiums, townhomes/planned communities, mixed-use and master associations). In addition to being named Shareholder, Tim was recently recognized as a “Rising Star” by Super Lawyers in the area of Real Estate. Tammy graduated magna cum laude from William Mitchell College of Law in 2004. Prior to joining BGS, she served as a law clerk for United States Magistrate Judge Janie S. Mayeron of the United States District Court for the District of Minnesota. Tammy practices in all areas of Commercial Litigation, including shareholder disputes, securities fraud, estate litigation, employment defense, real estate, contract litigation and appellate matters. Tammy is active in the Federal Bar Association and currently serves as Communications Committee Co-Chair. Adriel graduated from University of St. Thomas Law School in 2006. He…
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