How is Child Custody Determined in a Minnesota Divorce?
February 21, 2015 | Elizabeth A. SchadingChild custody is one of the most complicated issues in a Minnesota divorce. Although custody issues seldom go to trial, it’s still difficult for parents to come to an agreement on who should have custody of the child, or if the custody should be shared. It’s important to understand the types of child custody in Minnesota and how custody is determined. Types of Child Custody In Minnesota, there are two primary types of child custody: • Physical • Legal Physical refers to the child’s day-to-day routine and where he or she lives. Legal refers to how the child is raised, such as what school the child attends, his or her health care and religious upbringing. Some parents share custody, which is known as either joint legal or joint physical custody. But in some cases, one parent may have sole custody (both physical and legal) of the child. When parents share legal custody, it means that both parents will share the decision making when it comes to how the child is raised. When parents share physical custody, it means that the child’s residence and daily routine will be split between both parents, but not necessarily on an equal basis. How Child Custody is Determined In Minnesota, child custody can be determined in two ways:…
Read MoreLiberty Mutual Insurance Subject of Another Class Action Lawsuit Concerning its Automobile Accident Claims Handling
January 28, 2015 | John T. BuchmanA chiropractic clinic pursued a “class action” suit against Liberty Mutual and several of its subsidiaries, including Safeco Insurance, in the state of Illinois. A class action suit is one in which the class representative acts on behalf of many claimants when the monetary value of each claim is relatively small and it would seldom justify lawsuits on behalf of each individual. There is a proposed settlement awaiting court approval. The basis of the claim is that Liberty Mutual would pay less than the amount charged by an injured person’s medical providers. The claimant alleged that Liberty Mutual used a computerized bill review system to reduce its payments, which was not disclosed to its insureds. The proposed settlement also references two similar lawsuits against Liberty Mutual in the states of Washington and Oregon. The class action suit also includes Minnesotans who purchased No-Fault Insurance from Liberty Mutual or Safeco. If you have been injured in a car accident due to another’s negligence, the attorneys at BGS will help recover the compensation that you deserve. Under the terms of the agreement, if approved by the court, Liberty Mutual would have to pay medical care providers pursuant to an agreed health care cost database for a period of five (5) years after the date of…
Read MoreHOMEOWNERS ASSOCIATION DEBT COLLECTION: A BASIC SUMMARY
January 19, 2015 | Barna, Guzy & Steffen, Ltd.by: Karen Kurth and Timothy Erb For most homeowners associations, owners of property within the association are bound to pay annual or monthly assessments to the association to cover common expenses incurred by the association to operate the association. The amount and nature of the common expenses will vary depending upon whether or not the association is a condominium, attached town-home, detached town-home or single family home association. Such common expenses often cover costs incurred by the association related to insurance, maintenance, property management, and other costs incurred by the association to own or maintain common elements. The declaration, which is recorded against title to the property, not only typically requires each owner to pay assessments, but also specifies the items the association is to maintain, insure or otherwise address. These expenditures comprise the common expenses. The declaration may specify that each property owner is to pay an equal share of common expenses or some other allocation of common expenses which is based upon differences in square footage, architectural product or other similar rational distinctions. The declaration and/or statutory authority may also specify that the owner is also required to pay late payment fees and attorneys’ fees incurred by the association to collect the unpaid assessments and that such fees become part of…
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