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Divorce with Children Settlement Checklist

Use this checklist to guide you through a divorce settlement when the parties have children.  Remember that this settlement checklist is intended to cover the topics most likely to be at issue for your client, but may not cover every situation.

  1. Basic information

  2. 1. Basic information

    Gather the basic information about the parties.

    Petitioner's name, any former names, date of birth, and address at which s/he desires service

    Respondent's name, any former names, date of birth, and address at which s/he desires service

    Names and address of any attorneys

    Date of marriage

    At least one party has resided in Minnesota for 180 days immediately preceding commencement of the proceeding

    Yes No

    Service was proper

    Yes No

    There are no other cases regarding divorce or legal separating anywhere

    Yes No

    Irretrievable breakdown of the marriage relationship

    Yes No

    Neither party is in the military, or if either is, the Servicemembers Civil Relief Act (SCRA) has been satisfied

  3. Minor child(ren)

  4. 2. Minor child(ren)

    Gather information about any minor children.

    Name(s)

    Date(s) of birth

    Place of residence

  5. Adult dependent child(ren)

  6. 3. Adult dependent child(ren)

    Gather information about any adult dependent children.

    Name(s)

    Date(s) of birth

    Place of residence

  7. Proper jurisdiction

  8. 4. Proper jurisdiction

    Verify that Minnesota is the proper jurisdiction to determine the care, custody, and control of child(ren).

  9. Minor children under other jurisdictions

  10. 5. Minor children under other jurisdictions

    Determine whether any minor child(ren) are under other jurisdictions.

    Minnesota juvenile court

    Yes No

    Out-of-state juvenile court

    Yes No

    CHIPS

    Yes No
  11. Previous child support orders

  12. 6. Previous child support orders

    If a child support order exists, determine the file number.

  13. Pregnancy of a party

  14. 7. Pregnancy of a party

    If a party is pregnant, complete this section.

    Determine if father is biological father

    Yes No

    Determine if biological father is willing to sign a Recognition of Parentage or Non-Paternity Statement

    Yes No
  15. Past domestic abuse

  16. 8. Past domestic abuse

    If there has been past domestic abuse, gather the following information.

    Status of any filed charges

    All current or past Order(s) for Protection

    All current or past Harassment Restraining Order(s)

    All police response(s) to a dispute between the parties

    All criminal charges filed

  17. Method of communication

  18. 9. Method of communication

    Determine how the parties will communicate about the child(ren).

    Need for third-party for communication

    Yes No

    Need for notebook to facilitate communication

    Yes No
  19. Legal custody

  20. 10. Legal custody

    Determine legal custody arrangement.

    Joint custody to both parties

    Yes No

    Sole custody to one party

    Yes No
  21. Physical custody

  22. 11. Physical custody

    Determine physical custody arrangement.

    Joint custody to both parties

    Yes No

    Sole custody to one party

    Yes No

    Parenting plan with no physical custody label and no primary residence designation

    Yes No

    Parenting plan with primary residence designation to one party

    Yes No

    Parenting plan with alternating primary residence designation

    Yes No
  23. Parenting time – supervision desired

  24. 12. Parenting time – supervision desired

    Complete this section if supervision is desired.

    Basis for requesting supervised parenting time

    Designation of supervisor

  25. Parenting time – regular schedule

  26. 13. Parenting time – regular schedule

    Determine the regular parenting time schedule.

    Weekdays

    Weekends

  27. Parenting time – holiday schedule

  28. 14. Parenting time – holiday schedule

    Determine the holiday parenting time schedule.

    Designation of holidays

    Necessity of detailed holiday schedule

    Necessity of defining when holidays begin and end

  29. Parenting time – other scheduling issues

  30. 15. Parenting time – other scheduling issues

    Determine other parenting time scheduling issues.

    School release days

    Summer

    Birthdays

    Vacation

    Right of first refusal for child care

  31. Parenting time – possible conditions

  32. 16. Parenting time – possible conditions

    Determine whether the below parenting time conditions are appropriate.

    Alcohol and drug free 24 hours prior to start of parenting time

    Yes No

    Complete mental health evaluation and party must follow all recommendations

    Yes No

    Complete chemical dependency evaluation and party must follow all recommendations

    Yes No

    Restrictions on contact between child(ren) and specified individual(s)

    Yes No
  33. Parenting time – exchanges

  34. 17. Parenting time – exchanges

    Determine how parenting time exchanges will be made.

    Supervised or unsupervised

    Location

  35. Parenting time – telephone contact

  36. 18. Parenting time – telephone contact

    Determine conditions on telephone contact during parenting time.

    Unlimited or limited

    Designate who will initiate calls

    Designate time(s) for calls (if necessary)

  37. Parenting time – miscellaneous

  38. 19. Parenting time – miscellaneous

    Determine other parenting time issues.

    Transportation

    Mediation requirements

    Best interests standard for future modifications

  39. Child support – parties’ gross incomes

  40. 20. Child support – parties’ gross incomes

    Determine the parties' gross income for purposes of child support.

    Gross income from all sources

    Determine whether income should be imputed to either party

  41. Child support – spousal maintenance

  42. 21. Child support – spousal maintenance

    Determine spousal support for obligations for purposes of calculating child support.

    Spousal maintenance paid to the other party

    Spousal maintenance paid or received to/from former spouse(s)

  43. Child support – child(ren)’s public assistance

  44. 22. Child support – child(ren)’s public assistance

    Determine public assistance received by any children for purposes of calculating child support.

    Social Security

    Veteran’s benefits

  45. Child Support – non-joint minor child(ren)

  46. 23. Child Support – non-joint minor child(ren)

    Determine how any non-joint child(ren) will impact child support calculations.

    Residence of non-joint child(ren)

    Child support paid or received on behalf of non-joint child(ren)

  47. Child support – medical and dental coverage

  48. 24. Child support – medical and dental coverage

    Determine medical and dental coverage costs for purposes of calculating child support.

    If coverage is available through a party’s employer, amount of monthly premiums

    Child(ren)’s eligibility for medical/dental insurance through the county

    If medical support is paid, determine if paid to other party or to county

  49. Child support – child care

  50. 25. Child support – child care

    Determine child care costs for purposes of calculating child support.

    Total monthly child care costs (school year and summer)

    Which party incurs the costs

  51. Child support – Minnesota Child Support Calculator guideline

  52. 26. Child support – Minnesota Child Support Calculator guideline

    Click below to use the Minnesota Child Support Calculator to calculate child support guidelines

    Use percentage share of Combined Parental Income for Determining Child Support (PICS) (line 4 from Child Support Guidelines Worksheet) to determine unreimbursed/uncovered medical and dental expenses

  53. Child support – other considerations

  54. 27. Child support – other considerations

    Determine whether other child support provisions are necessary.

    Special needs expenses

    Yes No

    Extracurricular expenses

    Yes No

    Basis for upward/downward deviation

    Yes No

    Automatic withholding

    Yes No
  55. Child support – parties’ public assistance

  56. 28. Child support – parties’ public assistance

    Determine how the parties' public assistance benefits might impact child support.  Click the below link to access the Child Support and Public Assistance section (p. 24 of the pdf) of the Child Support Basics booklet.

    Medical Assistance

    MFIP

    Food Support

    MinnesotaCare

    General Assistance

    SSI

    Child Care Assistance

  57. Income tax dependency exemption

  58. 29. Income tax dependency exemption

    Determine how child(ren) will be claimed on parties' taxes.

    One party claims all children every year

    Yes No

    Parties alternate years

    Yes No

    Parties alternate years with a buy-out option

    Yes No

    Parties split which children to claim

    Yes No

    Party claiming child must be current on child support to claim child during that year

    Yes No
  59. Custody arrangement is in best interest of child(ren)

  60. 30. Custody arrangement is in best interest of child(ren)

    Verify that the custody arrangement is in the best interest of the child(ren) and include a statement to this effect.

  61. Spousal maintenance

  62. 31. Spousal maintenance

    If one party will pay spousal maintenance to the other party, complete this section.

    Income of petitioner

    Income of respondent

    Who needs support from whom

    Amount of spousal maintenance

    Duration of spousal maintenance

    Other consideration supporting spousal maintenance

    Security for maintenance (e.g., life insurance policy paybable to obligee)

    Mechanics of payment—directly to a person, a bank account, county collections office, automatic paycheck withholding, etc.

  63. No spousal maintenance

  64. 32. No spousal maintenance

    Complete this section if there will not be spousal maintenance.

    Both are capable of self-support

    Yes No

    Understand they have right to seek spousal maintenance

    Yes No

    Agree they do not want it

    Yes No

    Permanent waiver or reservation of rights

    Yes No
  65. Life insurance – present value used

  66. 33. Life insurance – present value used

    Complete this section if the present value of any life insurance policies will be used.

    Determine whether value included in final property settlement

    Yes No
  67. Life insurance – beneficiary designation

  68. 34. Life insurance – beneficiary designation

    Complete this section for the beneficiary designation of any life insurance policies.

    Death benefit goes to ex-spouse or children after divorce

    Yes No

    Insured may select a beneficiary of their choice after divorce

    Yes No
  69. Medical insurance

  70. 35. Medical insurance

    Determine medical insurance obligations.

    Each party pays for their own insurance

    Yes No

    One party provides health insurance for the other, and if so, the terms

  71. Homestead – equity

  72. 36. Homestead – equity

    Determine how homestead equity will be handled.

    Calculate equity (generally, value minus liabilities, but parties may agree upon another number)

    Determine whether one party pays the other

    Determine amount of equity paid

    Determine when equity is paid

    Determine security for equity (e.g. marital lien)

    Determine consequences of failure to pay (e.g. sale, enforcement of marital lien)

    Determine how to handle negative equity

  73. Homestead – permanent possession

  74. 37. Homestead – permanent possession

    If one party will gain possession of the homestead, complete this section.

    Designate type of deed

  75. Homestead – temporary possession

  76. 38. Homestead – temporary possession

    Complete this section if possession of the homestead will be temporary.

    Possession ends upon sale

    Yes No

    Possession ends upon majority of children

    Yes No

    Possession ends upon set time

    Yes No

    Possession ends upon death

    Yes No

    Possession ends upon delinquent payments

    Yes No
  77. Homestead – other possession options

  78. 39. Homestead – other possession options

    Complete this section for homestead possession options other than temporary or permanent.

    Continued joint ownership

    Yes No

    Agreed third party occupancy

  79. Homestead – sale

  80. 40. Homestead – sale

    Complete this section if the homestead will be sold.

    Price and use of realtor

    Determine if proceeds used to pay expenses of sale, such as realtor, closing costs, etc.

    Determine if proceeds used to pay off liens and mortgages

    Determine if proceeds used to pay off other debts

    Determine if occupant will use proceeds as credit for principal payments, maintenance expenses, or other obligations

    Determine if proceeds used as a final equalization payment

  81. Homestead – refinancing

  82. 41. Homestead – refinancing

    Complete this section if the homestead will be refinanced.

    Timing

    Consequences of inability to refinance: sale of property, non-possessor option to take over possession and obligations, or no penalty if payments remain current

  83. Homestead – foreclosure

  84. 42. Homestead – foreclosure

    Complete this section if the homestead is in foreclosure.

    Work together to save

    Yes No

    Work together to sell

    Yes No

    Short sale

    Yes No

    Deed in lieu of foreclosure

    Yes No
  85. Homestead – cost obligations

  86. 43. Homestead – cost obligations

    Determine how costs associated with the homestead will be split.

    Mortgage

    Maintenance

    Taxes

  87. Other real estate

  88. 44. Other real estate

    If parties own other real estate, complete the sections related to homestead for the other real estate.

  89. Household goods and furniture

  90. 45. Household goods and furniture

    Determine how household goods and furniture will be divided.

    Each person gets what is in their own possession

    Yes No

    Exceptions for party awarded to a party that is in the possession of the other party

  91. Bank accounts

  92. 46. Bank accounts

    Determine how parties' bank accounts will be divided.

    Identify the institution, last 4 digits of account number, type of account, and amount in account

    Determine how to divide

    Determine how to handle any joint accounts

  93. Retirement interests

  94. 47. Retirement interests

    Determine how any retirement interests will be divided.

    Identify any pensions, IRAs, 401(k)s, etc. by value, person named with an interest, and whether there are survivor benefits

    Determine how to divide

    Determine whether a Qualified Domestic Relations Order (QDRO) or other special process is required, and if so, who will draft it

  95. Investments

  96. 48. Investments

    Determine how any investments will be divided.

    Identify

    Determine how to divide

  97. Business interests

  98. 49. Business interests

    Determine how any business interests will be divided.

    Establish value (assets minus liabilities)

    If interest(s) will be divided via payout, determine time in which to be paid

    If interest(s) will be divided via installment payments, determine the details

    If interest(s) will be divided via sale, determine how to split the proceeds

    Apply the amount(s) to the balance sheet in final property settlement.

  99. Automobiles

  100. 50. Automobiles

    Determine how any automobiles will be divided.

    Identify vehicles, including value and debt, if any

    Determine how to divide

  101. Nonmarital property and debt

  102. 51. Nonmarital property and debt

    Determine how nonmarital property and debt will be handled.

    State all non-marital property and debt, if relevant to final property settlement or property division

    If a portion of an item is nonmarital, state a number representing the non-marital value

  103. Debts

  104. 52. Debts

    Determine how any debts will be handled.

    List of debts, identifying present value, value at time of separation, and named debtor(s)

    Determine who is responsible for payment(s)

    Determine the timeline in which debt(s) must be paid

    Determine what happens if debts are not paid in time

  105. Equalization payment

  106. 53. Equalization payment

    Determine the terms of any equalization payment.

    Value and division of assets and debts

    Payments made by either party during separation

    Other considerations

  107. Attorney fees

  108. 54. Attorney fees

    Determine how attorney fees will be handled.

    One party pays a specified amount to the to the other party

    Both parties responsible for their own attorney fees

  109. Name change

  110. 55. Name change

    Complete this section if a party desires a name change.

    Designate new name

    If the person seeking name change has a felony record, give proper notice to county in which felony was prosecuted

  111. Courtroom questions – “proving up” the petition

  112. 56. Courtroom questions – “proving up” the petition

    Elicit the following information in the courtroom to prove up the petition.

    Petitioner name, any former names, DOB, and address at which s/he desires service

    Respondent name, any former names, DOB, and address at which s/he desires service

    Names and address of any attorneys

    Date of marriage

    At least one party has resided in Minnesota for 180 days immediately preceding commencement of the proceeding

    Service was proper

    There are no other cases regarding divorce or legal separating anywhere

    Irretrievable breakdown of the marriage relationship

    Nobody is in the military, or if somebody is, SCRA has been satisfied

  113. Courtroom questions – approving of the agreement

  114. 57. Courtroom questions – approving of the agreement

    Elicit the following information in the courtroom to show that the parties agree to the terms.

    Heard agreement read into the record

    Understands agreement

    It is client’s agreement

    Client feels it is just and equitable under the circumstances

  115. Courtroom questions – state of mind

  116. 58. Courtroom questions – state of mind

    Elicit the following information in the courtroom to show the client's state of mind.

    Client is able to make important court decisions today

    Client has not taken anything that makes him/her unable to make important court decisions today

    Client was not threatened or manipulated into entering agreement

  117. Courtroom questions – waiver of spousal maintenance or right to modify

  118. 59. Courtroom questions – waiver of spousal maintenance or right to modify

    Elicit the following information if the right to have or modify spousal maintenance has been waived.

    Understands has right to seek spousal maintenance

    Understands what spousal maintenance is

    Understands that typically people have a right to seek maintenance

    Understands that typically people have a right to seek modification of maintenance in the future under the right conditions

    Agrees s/he does not want it/want to modify it

    Understands this waiver is permanent and cannot be changed

  119. Courtroom questions – name change

  120. 60. Courtroom questions – name change

    Elicit the following information if a spouse will change his/her name.

    Name change is part of the divorce

    Not trying to defraud or mislead anybody

    No felonies or if a felony record, proper notice was provided to county in which the felony was prosecuted