Jennifer Ronae Lewis Kannegieter’s Answers

Jennifer Ronae Lewis Kannegieter

Monticello Uncontested Divorce Attorney.

Contributor Level 10
  1. MN child custody law

    Answered about 6 years ago.

    1. Jennifer Ronae Lewis Kannegieter
    2. Tracy Irene Nightingale
    2 lawyer answers

    By statute, when a child is born to unmarried parents, the mother has sole legal and sole physical custody until there is a court proceeding determining otherwise. (In comparison, parents have equal rights to the children when they are married until there is a court proceeding determining otherwise). The father should probably be talking to lawyers about bringing a custody action to establish his rights. Depending on when the mother and children left the state, the custody action may...

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  2. How old do you have to be to choose which parent to live with?

    Answered almost 6 years ago.

    1. Jennifer Ronae Lewis Kannegieter
    1 lawyer answer

    Unfortunately in Minnesota there is no set age at which a child can decide who to live with. (I have heard that this is true in other states, and for some reason a lot of people do believe it to be true). When a court is looking at deciding custody matters, the court considers "the best interests of the child," 13 different factors which include the relationship between the child, parents, and others in the home, adjustment to home, school and community, mental and physical health. One...

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  3. MN state laws regarding spousal maintenance, alimony, calculating spousal maintenance

    Answered about 6 years ago.

    1. Jennifer Ronae Lewis Kannegieter
    1 lawyer answer

    Spousal maintenance can be a tricky things. The law does not provide clear guidelines on when and how much spousal maintenance should be paid. Instead there are several different fact-specific issues to consider (one party's need, the other party's ability to pay, the length of the marriage, the standard of living during the marriage, work history or health considerations, property division, etc). Whether or not it was a "good" settlement is impossible to know and you can't go back and...

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  4. Does my wife of 3 years have rights to a home that I owned before marriage

    Answered almost 6 years ago.

    1. Jennifer Ronae Lewis Kannegieter
    1 lawyer answer

    The husband has a non-marital interest in the home owned prior to marriage. The wife may have accumulated a marital interest in the home, i.e if marital funds have been paying the mortgage. In a divorce proceeding, the husband would have to prove his non-marital claim if it were contested.

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  5. What are a spouse's rights against ex-husband that lost job and is not paying maintenance

    Answered almost 6 years ago.

    1. Jennifer Ronae Lewis Kannegieter
    1 lawyer answer

    He is currently under a court order to pay spousal maintenance. Whether or not he can change the court order depends on the terms of your divorce decree. Sometimes parties specify the spousal maintenance will be "non-modifiable," but if not, he could bring a motion to modify before the court. (If he does bring a motion to modify, he may need to attend mediation first, depending on the terms of your divorce decree). You may be able to apply for income withholding services through the county....

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  6. Family Law - Want to be removed as guardians

    Answered about 6 years ago.

    1. Jennifer Ronae Lewis Kannegieter
    1 lawyer answer

    The guardianship provision only comes into play upon the death of the last surviving parent. It is possible that your brother and sister-in-law have already changed this provision due to the falling out. And you and your wife would not be forced to accept guardianship of your nieces and nephew if you did not want to. Though it could avoid some headaches for everyone if your wife were to let her brother know that the two of you are not willing to accept responsibility for his children and his...

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  7. DIVORCE

    Answered about 6 years ago.

    1. Jennifer Ronae Lewis Kannegieter
    2. Carl Jason Mitchell Arnold
    2 lawyer answers

    Your first step should be to educate yourself on the divorce process and your right. Go to a divorce class or have a consultation with an attorney who will take the time to explain the process to you. Chrysalis has Divorce Information sessions, 2 1/2 hour classes for $20. When getting divorced, there are many decisions to be made. What will the final arrangements be for property division, child custody, parenting time, and support? How will you reach these decisions? Can you talk to...

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  8. Texas Divorce Laws

    Answered about 6 years ago.

    1. Jennifer Ronae Lewis Kannegieter
    1 lawyer answer

    Your daughter should consult with a Texas divorce lawyer to learn about Texas laws. She may be able to get automatic income withholding for child support set up, which might help her get regular payments. She will specifically want to ask about moving out of Texas. If she was in MN and wanting to move to Texas, she would need her husband's agreement or a court order to move her daughter out of the state.

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  9. Can I ask for alimony three years after my divorce was finalized in state of Minnesota

    Answered about 6 years ago.

    1. Jennifer Ronae Lewis Kannegieter
    1 lawyer answer

    Take a look at your divorce decree. If at the time of divorce spousal maintenance was "reserved" you may be able to go back and ask for it now depending on the terms of the reservation. However, it is more likely that spousal maintenance was "waived" at the time of divorce. In that case you would be out of luck. Minn. Stat. 518145, subd. 2 lays out when you can reopen a a decree. This can be done only under limited circumstances, it must be done "within a reasonable time" and "not more...

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  10. MN state child custody laws

    Answered about 6 years ago.

    1. Jennifer Ronae Lewis Kannegieter
    1 lawyer answer

    I'm not certain what your question is... But when a child is born to a married couple, the parents have equal custody rights until there is a court order otherwise (such as in a divorce proceeding). When a child is born to a single woman, the mother has sole legal and sole physical custody until there is a court order stating something else (such as in a paternity/custody proceeding). Custody is determined at the time of the court proceeding and is based on the best interests of the child....

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