Mon, 27 Oct 2025 21:26:43 +0000 Mon, 27 Oct 2025 21:26:43 +0000 Libsyn RSSgen 1.0 http://evolvingfamilylawpodcast.libsyn.com Moss & Barnett, P.A. © 2013 | All Rights Reserved http://evolvingfamilylawpodcast.libsyn.com () Evolving Family Law, presented by Moss & Barnett, A Professional Association, examines how Minnesota law addresses issues in dissolution proceedings including custody and parenting time, division of property and assets, spousal maintenance and child support and the treatment of Premarital Agreements by the courts. We will keep you up to date on new developments in Minnesota that affect divorce and family law issues and address key changes in the ever evolving law. https://static.libsyn.com/p/assets/4/d/f/0/4df07d10cf491ecc/fw-logo-coverart.png Moss & Barnett, P.A. no episodic Family Law, presented by Moss & Barnett, A Professional Association family,law,divorce,dissolution,family,families,kids,children,parents no thedrill@moss-barnett.comMoss & Barnett, P.A. Unblurring the Lines Mon, 16 Mar 2015 21:48:17 +0000 Unblurring the Lines: Clarifications and changes to the Custody and Parenting Time statutes in Minnesota. In this episode of Evolving Family Law, Moss & Barnett Attorneys Jana Aune Deach and Jim Vedder discuss recent changes to the Custody and Parenting Time statutes in Minnesota.

]]> Unblurring the Lines: Clarifications and changes to the Custody and Parenting Time statutes in Minnesota. In this episode of Evolving Family Law, Moss & Barnett Attorneys Jana Aune Deach and Jim Vedder discuss recent changes to the Custody and Parenting Time statutes in Minnesota.

]]> 12:21 false full thedrill@moss-barnett.com (Moss & Barnett, P.A.)Moss & Barnett, P.A.Unblurring the Lines: Clarifications and changes to the Custody and Parenting Time statutes in Minnesota. In this episode of Evolving Family Law, Moss & Barnett Attorneys Jana Aune Deach and Jim Vedder discuss recent changes to the Custody and Parenting Time statutes in Minnesota. Fraudulent Transfers: When is the Deal Too Good? Tue, 22 Jul 2014 13:46:21 +0000 In todays episode we discuss the applicability of the Minnesota Uniform Fraudulent Transfers Act to marital dissolution proceedings and explore how and when a court might look at how the division of assets and debts might appear to be an attempt to defraud a creditor in a bankruptcy proceeding.

]]> In todays episode we discuss the applicability of the Minnesota Uniform Fraudulent Transfers Act to marital dissolution proceedings and explore how and when a court might look at how the division of assets and debts might appear to be an attempt to defraud a creditor in a bankruptcy proceeding.

]]> 14:47 false full thedrill@moss-barnett.com (Moss & Barnett, P.A.)Moss & Barnett, P.A.In todays episode we discuss the applicability of the Minnesota Uniform Fraudulent Transfers Act to marital dissolution proceedings and explore how and when a court might look at how the division of assets and debts might appear to be an attempt to defraud a creditor in a bankruptcy proceeding. Retirement. What's income got to do with it? Retirement & Spousal Maintenance Part 2 Thu, 29 May 2014 01:50:34 +0000 In this episode of Evolving Family Law, the discussion digs deeper into the case law addressing modification of spousal maintenance upon the retirement or impending retirement of an obligor. This episode particularly addresses the Lee Case and the facts and rulings held by the Supreme Court addressing retirement and modification of spousal maintenance. Additional discussion addresses Justice Dietzen's concurrence and his discussion addressing not only defined benefit plans, but defined contribution plans and how as practitioners we should be providing information and guidance to the court as to distinctions and how the appreciation of those retirement assets may be different from the income that is earned on those assets.

]]> In this episode of Evolving Family Law, the discussion digs deeper into the case law addressing modification of spousal maintenance upon the retirement or impending retirement of an obligor. This episode particularly addresses the Lee Case and the facts and rulings held by the Supreme Court addressing retirement and modification of spousal maintenance. Additional discussion addresses Justice Dietzen's concurrence and his discussion addressing not only defined benefit plans, but defined contribution plans and how as practitioners we should be providing information and guidance to the court as to distinctions and how the appreciation of those retirement assets may be different from the income that is earned on those assets.

]]> 14:57 false full thedrill@moss-barnett.com (Moss & Barnett, P.A.)Moss & Barnett, P.A.In this episode of Evolving Family Law, the discussion digs deeper into the case law addressing modification of spousal maintenance upon the retirement or impending retirement of an obligor. This episode particularly addresses the Lee Case and the facts and rulings held by the Supreme Court addressing retirement and modification of spousal maintenance. Additional discussion addresses Justice Dietzen's concurrence and his discussion addressing not only defined benefit plans, but defined contribution plans and how as practitioners we should be providing information and guidance to the court as to distinctions and how the appreciation of those retirement assets may be different from the income that is earned on those assets. Retirement. What's income got to do with it? Retirement & Spousal Maintenance Part1 Notes: Wed, 16 Apr 2014 21:41:32 +0000 With the volume of baby boomers who will be retiring in the next few years, spousal maintenance modifications due to retirement and has become  an significant issue for family law courts in Minnesota.  How do you modify spousal maintenance when you are looking at retirement? At what age can you retire? How does current case law give us insight as to how and when a spousal maintenance payor can retire in good faith?

]]> With the volume of baby boomers who will be retiring in the next few years, spousal maintenance modifications due to retirement and has become  an significant issue for family law courts in Minnesota.  How do you modify spousal maintenance when you are looking at retirement? At what age can you retire? How does current case law give us insight as to how and when a spousal maintenance payor can retire in good faith?

]]> 12:28 false full thedrill@moss-barnett.com (Moss & Barnett, P.A.)Moss & Barnett, P.A.With the volume of baby boomers who will be retiring in the next few years, spousal maintenance modifications due to retirement and has become  an significant issue for family law courts in Minnesota.  How do you modify spousal maintenance when you are looking at retirement? At what age can you retire? How does current case law give us insight as to how and when a spousal maintenance payor can retire in good faith? What's Fair About Prenuptial Agreements? Sun, 09 Feb 2014 16:01:45 +0000 Jim Vedder and Jana Aune Deach explore procedure and substantive fairness requirements for Prenuptial Agreements in Minnesota.  Procedural fairness and substantive fairness requirements can be difficult to navigate both in the drafting and litigating of Prenuptial Agreements.

]]> Jim Vedder and Jana Aune Deach explore procedure and substantive fairness requirements for Prenuptial Agreements in Minnesota.  Procedural fairness and substantive fairness requirements can be difficult to navigate both in the drafting and litigating of Prenuptial Agreements.

]]> 12:45 false full thedrill@moss-barnett.com (Moss & Barnett, P.A.)Moss & Barnett, P.A.Jim Vedder and Jana Aune Deach explore procedure and substantive fairness requirements for Prenuptial Agreements in Minnesota.  Procedural fairness and substantive fairness requirements can be difficult to navigate both in the drafting and litigating of Prenuptial Agreements. Negative Equity: Is this a Real Argument for Property Division? Wed, 18 Dec 2013 17:50:07 +0000 Recent court of appeals decisions have addressed the issue of whether negative equity ought to be recognized on a property division. In this episode of Evolving Family Law, Moss & Barnett attorneys Jim Veddar and Jana Deach discuss those issues in detail.

]]> Recent court of appeals decisions have addressed the issue of whether negative equity ought to be recognized on a property division. In this episode of Evolving Family Law, Moss & Barnett attorneys Jim Veddar and Jana Deach discuss those issues in detail.

]]> 13:43 false full thedrill@moss-barnett.com (Moss & Barnett, P.A.)Moss & Barnett, P.A.Recent court of appeals decisions have addressed the issue of whether negative equity ought to be recognized on a property division. In this episode of Evolving Family Law, Moss & Barnett attorneys Jim Veddar and Jana Deach discuss those issues in detail. That's Not Fair!: How and When Dissipation, Depreciation and Depletion impacts an Equitable Division of Marital Assets. Thu, 14 Nov 2013 19:28:00 +0000 One issue that often is raised in a dissolution proceeding is whether one party dissipated, depleted or depreciated marital assets, and, if so, what remedy is available to the court to compensate the other party.  Jana Deach and Jim Vedder of Moss & Barnett continue their examination of dividing marital assets, and how and when a court addresses the issues of depreciation, dissipation and depletion under Minnesota law.  Specifically, what facts support a finding of dissipation or depletion and in what instances will a court find that someone was accessing those assets for the “necessities of life,” meaning normal and regular living expenses?

]]> One issue that often is raised in a dissolution proceeding is whether one party dissipated, depleted or depreciated marital assets, and, if so, what remedy is available to the court to compensate the other party.  Jana Deach and Jim Vedder of Moss & Barnett continue their examination of dividing marital assets, and how and when a court addresses the issues of depreciation, dissipation and depletion under Minnesota law.  Specifically, what facts support a finding of dissipation or depletion and in what instances will a court find that someone was accessing those assets for the “necessities of life,” meaning normal and regular living expenses?

]]> 10:20 false full thedrill@moss-barnett.com (Moss & Barnett, P.A.)Moss & Barnett, P.A.One issue that often is raised in a dissolution proceeding is whether one party dissipated, depleted or depreciated marital assets, and, if so, what remedy is available to the court to compensate the other party.  Jana Deach and Jim Vedder of Moss & Barnett continue their examination of dividing marital assets, and how and when a court addresses the issues of depreciation, dissipation and depletion under Minnesota law.  Specifically, what facts support a finding of dissipation or depletion and in what instances will a court find that someone was accessing those assets for the “necessities of life,” meaning normal and regular living expenses? Dissipation, Depletion and Depreciation, Oh My! Mon, 23 Sep 2013 12:12:32 +0000 On this month's episode of Evolving Family Law, Moss & Barnett attorneys Jana Aune Deach and Jim Vedder explore the Principles of Equitable Division of Assets under Minnesota Law.

]]> On this month's episode of Evolving Family Law, Moss & Barnett attorneys Jana Aune Deach and Jim Vedder explore the Principles of Equitable Division of Assets under Minnesota Law.

]]> 17:24 false full thedrill@moss-barnett.com (Moss & Barnett, P.A.)Moss & Barnett, P.A.On this month's episode of Evolving Family Law, Moss & Barnett attorneys Jana Aune Deach and Jim Vedder explore the Principles of Equitable Division of Assets under Minnesota Law. Spousal Maintenance Reform in the United States: The Times, They Are A' Changing Thu, 18 Jul 2013 03:36:38 +0000 How spousal maintenance is addressed and treated in courts around this country varies greatly from state to state.  Many states have enacted, or are in the process of enacting, significant legislative reform to their existing spousal maintenance statutes.  Some states have abolished permanent spousal maintenance.  Other states have greatly limited when and for how long a former spouse may be entitled to receive spousal maintenance.  In today’s episode, we discuss the recent trends in spousal maintenance reform in the United States and touch on what trends we have seen in the Minnesota courts in addressing the issue of spousal maintenance.

]]> How spousal maintenance is addressed and treated in courts around this country varies greatly from state to state.  Many states have enacted, or are in the process of enacting, significant legislative reform to their existing spousal maintenance statutes.  Some states have abolished permanent spousal maintenance.  Other states have greatly limited when and for how long a former spouse may be entitled to receive spousal maintenance.  In today’s episode, we discuss the recent trends in spousal maintenance reform in the United States and touch on what trends we have seen in the Minnesota courts in addressing the issue of spousal maintenance.

]]> 13:34 false full thedrill@moss-barnett.com (Moss & Barnett, P.A.)Moss & Barnett, P.A.How spousal maintenance is addressed and treated in courts around this country varies greatly from state to state.  Many states have enacted, or are in the process of enacting, significant legislative reform to their existing spousal maintenance statutes.  Some states have abolished permanent spousal maintenance.  Other states have greatly limited when and for how long a former spouse may be entitled to receive spousal maintenance.  In today’s episode, we discuss the recent trends in spousal maintenance reform in the United States and touch on what trends we have seen in the Minnesota courts in addressing the issue of spousal maintenance. How is imputation of income different for child support and spousal maintenance? Wed, 29 May 2013 13:32:12 +0000 In this episode of Evolving Family Law, Moss & Barnett attorney’s Jim Vedder and Jana Deach explore the imputation of income in child support and why it’s different than spousal maintenance.

]]> In this episode of Evolving Family Law, Moss & Barnett attorney’s Jim Vedder and Jana Deach explore the imputation of income in child support and why it’s different than spousal maintenance.

]]> 14:55 false full thedrill@moss-barnett.com (Moss & Barnett, P.A.)Moss & Barnett, P.A.In this episode of Evolving Family Law, Moss & Barnett attorney’s Jim Vedder and Jana Deach explore the imputation of income in child support and why it’s different than spousal maintenance. Is there a Spousal Maintenance Double Standard? Mon, 06 May 2013 20:13:06 +0000 In this episode of the Evolving Family Law podcast, Moss & Barnett attorneys Jana Deach and Jim Vedder continue their discussion of spousal maintenance and when a court can order the imputation of income. Does the court treat spousal maintenance payors and spousal maintenance recipients the same when determining how and when it can impute income? The recent leading case relating to spousal maintenance payors is Melius v. Melius, 765 N.W.2d 411 (Minn. Ct. App. 2009). What are the requirements that must be found by the court before it can impute income to a spousal maintenance payor? Have the courts created a double standard?

]]> In this episode of the Evolving Family Law podcast, Moss & Barnett attorneys Jana Deach and Jim Vedder continue their discussion of spousal maintenance and when a court can order the imputation of income. Does the court treat spousal maintenance payors and spousal maintenance recipients the same when determining how and when it can impute income? The recent leading case relating to spousal maintenance payors is Melius v. Melius, 765 N.W.2d 411 (Minn. Ct. App. 2009). What are the requirements that must be found by the court before it can impute income to a spousal maintenance payor? Have the courts created a double standard?

]]> 12:39 false full thedrill@moss-barnett.com (Moss & Barnett, P.A.)Moss & Barnett, P.A.In this episode of the Evolving Family Law podcast, Moss & Barnett attorneys Jana Deach and Jim Vedder continue their discussion of spousal maintenance and when a court can order the imputation of income. Does the court treat spousal maintenance payors and spousal maintenance recipients the same when determining how and when it can impute income? The recent leading case relating to spousal maintenance payors is Melius v. Melius, 765 N.W.2d 411 (Minn. Ct. App. 2009). What are the requirements that must be found by the court before it can impute income to a spousal maintenance payor? Have the courts created a double standard? To work, or not to work? That is the question. Wed, 27 Mar 2013 14:21:48 +0000 The issue of spousal maintenance can often be the most difficult in a dissolution proceeding.  One of the aspects of determining whether to award spousal maintenance is the level of income that can be or should be attributed to the person seeking spousal maintenance.  In today’s episode, we examine the leading Minnesota case that addresses this issue, Passolt v. Passolt, 804 Minn. Ct. App. 2011, and how the Appellate Courts have ruled on this same issue in subsequent case law.  Most important, what is the current status of the law in Minnesota regarding when to impute income to a person seeking spousal maintenance?

]]> The issue of spousal maintenance can often be the most difficult in a dissolution proceeding.  One of the aspects of determining whether to award spousal maintenance is the level of income that can be or should be attributed to the person seeking spousal maintenance.  In today’s episode, we examine the leading Minnesota case that addresses this issue, Passolt v. Passolt, 804 Minn. Ct. App. 2011, and how the Appellate Courts have ruled on this same issue in subsequent case law.  Most important, what is the current status of the law in Minnesota regarding when to impute income to a person seeking spousal maintenance?

]]> 09:13 false full thedrill@moss-barnett.com (Moss & Barnett, P.A.)Moss & Barnett, P.A.The issue of spousal maintenance can often be the most difficult in a dissolution proceeding.  One of the aspects of determining whether to award spousal maintenance is the level of income that can be or should be attributed to the person seeking spousal maintenance.  In today’s episode, we examine the leading Minnesota case that addresses this issue, Passolt v. Passolt, 804 Minn. Ct. App. 2011, and how the Appellate Courts have ruled on this same issue in subsequent case law.  Most important, what is the current status of the law in Minnesota regarding when to impute income to a person seeking spousal maintenance?