Nov
23

Social Security Benefits and Unauthorized Work - Clearing the Shrouds of Mystery

It is an urban myth that those who work without authorization in the United States will still receive social security benefits.  In fact, individuals who worked previously in the United States may need to act to ensure they receive proper credit for the work they performed after they become authorized to work.

The root of this dynamic is the Social Security Protection Act of 2004.  President Bush, in an effort to placate his party, pushed for legislation that changed who is eligible for retirement benefits for work performed in the United States.  The Protection Act bars payment to...

Nov
8

The Reality of the Dependency Exemption after the Tax Cut and Jobs Act

Generally, the tax dependency exemption is awarded to the custodial parent; this is the federal default[1]. The custodial parent is defined as the parent receiving more than 50% of the parenting time, based on overnights. However, Minnesota Courts have the power to award a tax exemption to a non-custodial parent incident to the determination of child support and physical custody. Minn. Stat. § 518A.38, subd. 7. In making the decision, Courts are directed to consider: 1) the financial resources of each party; 2) if not awarding the dependency exemption negatively impacts a parent’s...

Oct
14

Home Surveillance in the Digital Age - the Limits of Looking Beyond Your Doorway

Problems with neighbors are not uncommon. Whether your neighbor consistently parks in your parking spot, or paints their house with obnoxiously offensive colors, neighbors are likely to disagree at some point.

Respect for privacy is one of the most desirable traits in a neighbor. Of course, communities are better off when neighbors are welcoming and engage with one another, but we all have the right to privacy if we wish to exercise it. And the overall trend has been towards recognizing greater privacy protections, even while technology and social media increase access to, and distribution...

Oct
14

Child Support in Minnesota - Evolution or Revolution in 2018?

On August 1, 2018, a new child support law went into effect in Minnesota.  The question many people have is simple: so what?   Well, child support is all about the math.   In 2018, the math has changed in significant ways.

The new law requires the Court to know the exact number of overnights each parent will have with their child to determine the percentage of time each parent has, averaged over a two-year period, to apply a Parenting Expense Adjustment.  Minn. Stat. Sec. 518A.36. The Parenting Expense Adjustment, which is a new concept in Minnesota law, recognizes that a parent...

Mar
26

Don’t let an insurer take your grain. An insurer’s duty of good faith and fair dealing explained

In 2009, archaeologists discovered what is believed to be the world’s oldest known granary, a building in which grain and other foods are stored for extended periods. Located just off the shores of the Dead Sea in Jordan, researchers believe this granary to be more than 11,000 years-old (for perspective, 11,000 years ago sabre-tooth tigers and wooly mammoths still roamed the Midwest). 

The development of granaries in the ancient world mark what is perhaps the greatest evolutionary shifts in human history. Before the development of granaries, people were nomadic; moving from place to place...

Feb
23

Did the State of Minnesota Change your Business Structure without You? Minnesota‘s Newly Implemented Limited Liability Company Statutes (Chapters 322B & 322C)

Many small and medium-sized business owners may not be aware, but as of January 1, 2018, Minnesota changed its laws governing various aspects of business operations for limited liability companies (LLCs) in Minnesota (formerly Chapter 322B, now 322C). The changes have been on the books for some time, and received some heightened coverage late last year, but many may still be unfamiliar with the new laws. Minnesota largely enacted the new system to bring the State more in line with the majority approach in the US. Depending on how your business is organized, this change may have either...

Jan
25

How Technology Helps and Hinders Co-Parenting

Parents today are learning how technology can provide a wealth of information about their child while outside of their sight.  Many electronic tools are extremely accessible, such as text and video messages sent instantly over cell phones, FaceTime, social media posts, and even video baby monitors that can be accessed from another room or through an app.  Some tools are more surreptitious, including tracking devices, remote location monitoring, Google glasses, recording “undercover” videos, or even turning on speaker phone when a child is talking to the other parent.  A client who...

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