Let's begin with this repeat question from Exam 1, with the hope that all members of the class will get it right this time Here goes In certain limited cases where the financial circumstances of the spouses are unique, a Minnesota court has the authority to disregard the conclusive presumption that each spouse has made a substantial contribution to the acquisition of income and property while they were living together, provided that the court's decision to disregard this conclusive presumption is supported by detailed findings T F Three years after Sue and Bill were married, Sue inherited $10,000 from her mother She used some of the money to purchase shiny gold bar and used the remaining money to remodel and restore a 1954 Corvette convertible that she bought five years before she met Bill The gold bar and the Corvette are good examples of what type of property Marital property Non marital property Separate Property Joint property The spousal maintenance calculator published online by the Minnesota Department of Human Services is used to determine an obligor's spousal maintenance T F About a week ago, with the assistance of a mediator, James and Hillary, a married and childless couple, reached an agreement on both spousal maintenance and the distribution of assets and liabilities Each party was represented by competent legal counsel during the mediation The mediator reduced their agreement to a written memorandum that was signed by them and each of their attorneys Since Hillary is our client, you have been assigned the task of drafting the final judgment and decree However, we just learned today that James wishes to repudiate the mediated agreement What is the best advice we should give Hillary The court has not yet issued its final judgment and decree Therefore, James can repudiate the mediated agreement at any time The mediated agreement is a contract that James cannot repudiate unless he brings a motion before the court, in which case he will have the burden of demonstrating that he has good cause for repudiation Minnesota law has a conclusive presumption that upon dissolution, each party must be awarded an equal share of the net marital estate (i e , 50 of the mathematical total of marital assets minus marital debt) T F Jane and Ken have been married for 32 years His annual income is $325,000, hers is $55,000 She intends to file for dissolution sometime in August 2024 There is a rebuttable statutory presumption that she is entitled to indefinite spousal maintenance if the statutory factors support such an award T F Call it equality, if you prefer, since the facts are that Whites, Blacks, Hispanics and American Indians are equally likely to experience domestic abuse T F Here's a very interesting thing about binding arbitration The arbitrator is not strictly bound by Minnesota law, but actually has more authority than does a judge when making her award in a dissolution case Therefore, the arbitrator can make any award she considers just and appropriate under the circumstances, whether or not a judge would have had the legal authority to have made such an award T F Daisy inherited stock from her Uncle Donald prior to her marriage to Desi During the marriage, this non marital stock produces annual dividends of $5,000 Dividends from this non marital asset are considered to be marital property T F Harry was not your ideal husband He sometimes beat his wife Sally and then forced her to quit her job and stay at home because he didn't want her to work around other men He also was unfaithful over the entire course of their 25 year marriage, having had many illicit affairs with both other women and men, at least one of which resulted in certain medical problems that he transmitted to Sally He was able to successfully conceal his drug addiction while earning over $300,000 per year, most of which he gambled away at the local casino With the help of a good counselor, Sally finally got up the nerve to file for dissolution Which one of the following statements is true Sally likely will qualify for higher than normal indefinite spousal maintenance due to Harry's misconduct Physical abuse is an exception to Minnesota's no fault spousal maintenance rule The court is prohibited from considering Harry's bad conduct when determining the amount of indefinite spousal maintenance to award Sally Our office represents Gowdy During mediation, his spouse, Farkas, was exceptionally rude to both the mediator and to Gowdy, and proposed options that no court would ever consider reasonable She angrily stomped out of the mediation room yelling at Gowdy, Just you wait and see how much this divorce is going to cost you Thus, we had no alternative other than to prepare for trial Our office is disappointed because this case easily could have been settled had Farkas just been reasonable during mediation We estimate that Farkas' intransigence increased Gowdy's legal fees by fully $25,000 Gowdy wants the judge to order Farkas to pay this increased amount as a result of Farkas' bad faith What is the best advice that we should give Gowdy Evidence of Farkas' bad conduct and bad faith during mediation will not be admissible during the dissolution trial Gowdy will be responsible to our law firm for the increased cost of legal fees The court will permit us to introduce evidence of Farkas' bad conduct and bad faith during mediation, and if we can establish that by a preponderance of the evidence, there is a reasonable chance that the court will require Farkas to pay all or at least a portion of Gowdy's increased legal fees Fred and Ethel were married 20 years ago when neither of them had any job or any property However, since their marriage Fred accumulated $200,000 in retirement accounts and Ethel purchased real estate in her own name worth $200,000 The retirement account and the real estate are non marital assets since they are titled in only one spouse's name T F Just last week the court ordered my dissolution client to engage in mediation In response, her spouse claimed to have been a victim of my client's domestic abuse My client vehemently responded that this claim is absolutely false However, whether or not the claim is true, it is sufficient to exempt the parties from mandatory mediation T F (2 points) I have a question, says your classmate My notes show that property division in a dissolution must be just and equitable, but not necessarily equal But I have absolutely no idea about how a court could determine what is just and equitable if it declines to make an equal property division So how could a court make such a determination I can help you out, here, you reply I researched the applicable statute, and here are some factors the court can consider Alex, a successful trial attorney, regularly earned an annual gross income of $500,000 But Maggie, who had been a stay at home mom during their 20 year marriage, recently filed for dissolution Angered by this turn of events, Alex announced to his partners, I'll fix her, and promptly resigned from his law firm He then got a part time job as a dog walker earning $12 00 per hour When considering spousal maintenance, the court has the authority to impute income to Alex of up to $500,000 T F Last year I inherited $1M of 3M stock from my Uncle Scrooge The good news is that if I ever get a divorce, the court absolutely will be prevented from awarding any portion of it whatsoever to my wife since it is all nonmarital and therefore no court ever will have the legal authority to award any portion of my inheritance to my wife T F Notwithstanding Minnesota's no fault rule, the court has the legal authority to deviate upward when awarding spousal maintenance if one spouse has committed physical abuse against the other T F If I am tracing a particular asset such as stock account, what am I doing At long last, Donald has reached age 62 and wishes to retire from his job as a State Capitol security guard Unfortunately, when he divorced his former spouse Joe several years ago, the court ordered Donald to pay spousal maintenance of $2,400 per month He won't be able to afford to pay this amount if he retires To qualify for a reduction of spousal maintenance upon retirement, one of several factors Donald will have to prove to the court is that he retired in good faith T F David and Abigail separated on June 1, 2023 Abigail filed for divorce on September 1, 2023 The initial case management conference was October 15, 2023 The final judgment and decree of dissolution was entered on March 7, 2024 The presumptive valuation date for purposes of valuing the parties' assets and liabilities is June 1, 2023 September 1, 2023 October 15, 2023 March 7, 2024 The judge in Mickey and Cindy's dissolution trial ordered that Cindy should be entitled to three years of transitional spousal maintenance so that she could return to school and complete her law degree This is an example of A Schmitz Formula award An award that cannot be modified by the court under any circumstances An award of rehabilitative maintenance A Karon award I need your help because my notes regarding property division are an absolute mess What, again, is a property equalizer Minnesota has a rebuttable statutory presumption that spousal maintenance should be awarded to a wife, but not to a husband T F Under the Uniform Probate Code, a parent child relationship no longer exists between an adoptee and the adoptee's genetic parents T F During their marriage, Jennifer and Ben had a reasonably lavish lifestyle including country club memberships, regular international travel, and substantial contributions to charitable causes Ben now is seeking spousal maintenance The bad news for him is that the court likely will disregard his attempt to include such so called needs in his projected post dissolution budget since these are extraneous and unnecessary expenses T F Their July 1, 2012, dissolution decree ordered Craig to pay Angie $3,000 temporary (now transitional ) monthly spousal maintenance on the first day of each month until July 1, 2025, after which time the court no longer would have any authority to award temporary or permanent (now indefinite ) spousal maintenance However, Angie believes that her substantial change in circumstances render the 2012 order unreasonable and unfair Thus, on June 30, 2025, she filed a motion to modify the 2012 award by increasing her monthly payments to $5,000 for an indefinite period of time Which one of the following statements is true The 2012 award cannot be modified because the court expressly provided that the court no longer would have any authority to award temporary or permanent spousal maintenance after July 1, 2025 The court may modify the 2012 award because Angie filed her motion to modify before July 1, 2025 Under no circumstances may a Minnesota teacher use reasonable force without a child's consent, even when such force could be considered necessary to restrain the child from injuring any other person or property T F Here's a good definition of the term, parent child relationship Harry is an elementary school psychologist who regularly counsels children Young Malfoy, age 10, confidentially tells Harry that he is being sexually abused by his stepfather Which of the following is most likely to be true Client confidentiality prevents Harry from disclosing the abuse to the authorities Harry is a permissive reporter, and therefore he is not obligated to report the alleged abuse to the authorities Harry is a mandated reporter, and therefore is mandated to report the alleged abuse to the authorities Harry is required to exercise his own independent professional judgment to determine the reliability of Malfoy's statements Given recent scientific advances in genetic testing, Minnesota has enacted a statute that requires a court to apply a conclusive presumption of paternity if such tests indicate that the likelihood of paternity is 99 or greater T F The Minnesota Supreme Court actually has upheld a parents' rights to physically punish a child T F After much difficult soul searching, Maria decided that she would not keep her baby So, a day after this healthy baby boy was born in the privacy of her home, she arranged to have her sister bring the baby to the steps of her church, called an ambulance and instructed the driver to deliver the baby to Fairview Urgent Care Her sister refused to give the ambulance driver her or Maria's name or address When the driver brought the baby to Fairview, the hospital immediately called both the police and Hennepin County Social Services to report the incident Maria now has contacted our office, and I need you to answer each of these three questions before I meet with her Maria cannot be prosecuted for child abandonment T F Minnesota law required that Fairview immediately call the police T F The best interests of the baby require that Hennepin County exercise all due diligence in an attempt to re unify the baby with Maria or Maria's family T F Earl was mean real mean He regularly beat his live in girlfriend Wanda every Saturday night But over the years, Wanda continued to get both emotionally and physically stronger and meaner herself Over the past year, an odd pattern has begun After every Saturday night beating by Earl, Wanda wakes up each Sunday morning and whacks Earl with a frying pan Yes, it injures him a little, but he just laughs it off So Wanda escalated things, and just last Sunday walked into their bedroom, held Earl at gunpoint, and made him kneel down and beg for forgiveness for a full hour At long last, Wanda has frightened Earl so badly that he files for an Order for Protection (an OFP ) Which of the following best describes the situation Earl is not entitled to an OFP since his beatings ultimately were the reason Wanda held him at gunpoint Wanda, by holding Earl at gunpoint, has forfeited her right to ever file for an OFP Earl is very likely to obtain an OFP against Wanda Earl had to die, so it would have been permissible for Wanda to have shot him instead of making him kneel (2 Points) What two things does a Petitioner have to prove to obtain an OFP Shortly after Kristin gave birth to baby Chris, the Dakota County Attorney filed a paternity case against Andy because Kristin and Chris are receiving Temporary Assistance for Needy Families ( TANF formerly known as AFDC) Andy believes he may be the father, but isn't certain, so being unemployed, a public defender was appointed to represent him If he is adjudicated to be the father, Andy also wants the court to award him joint legal custody and parenting time Andy has the right to have his public defender represent him on all issues, including paternity, joint legal custody and parenting time T F (Two points) There are two ways to legally establish paternity in Minnesota They are and Our group feels very passionate about this social issue And we are shocked and dismayed that the judge permitted that doctor's office to continue doing what they are doing So, we all got together last night, stood on the sidewalk in front of the judge's home, held up our signs and chanted our favorite slogans We disturbed no other homes, although we intentionally blocked anyone from entering the judge's home during the three hours we were there After all, free speech is our constitutional right However, just this morning the sheriff served the leader of our group with something called a harassment restraining order We consulted with our lawyer and here's what she said about the concept of targeted residential picketing Your outrageous actions were sufficient to enable the court to grant an HRO Based upon these facts, the court will not grant an HRO

Question

Let's begin with this repeat question from Exam 1, with the hope that all members of the class will get it right this time  Here goes  In certain limited cases where the financial circumstances of the spouses are unique, a Minnesota court has the authority to disregard the conclusive presumption that each spouse has made a substantial contribution to the acquisition of income and property while they were living together, provided that the court's decision to disregard this conclusive presumption is supported by detailed findings  T F Three years after Sue and Bill were married, Sue inherited $10,000 from her mother  She used some of the money to purchase shiny gold bar and used the remaining money to remodel and restore a 1954 Corvette convertible that she bought five years before she met Bill  The gold bar and the Corvette are good examples of what type of property  Marital property Non marital property Separate Property Joint property The spousal maintenance calculator published online by the Minnesota Department of Human Services is used to determine an obligor's spousal maintenance  T F About a week ago, with the assistance of a mediator, James and Hillary, a married and childless couple, reached an agreement on both spousal maintenance and the distribution of assets and liabilities  Each party was represented by competent legal counsel during the mediation  The mediator reduced their agreement to a written memorandum that was signed by them and each of their attorneys  Since Hillary is our client, you have been assigned the task of drafting the final judgment and decree  However, we just learned today that James wishes to repudiate the mediated agreement  What is the best advice we should give Hillary  The court has not yet issued its final judgment and decree  Therefore, James can repudiate the mediated agreement at any time  The mediated agreement is a contract that James cannot repudiate unless he brings a motion before the court, in which case he will have the burden of demonstrating that he has good cause for repudiation  Minnesota law has a conclusive presumption that upon dissolution, each party must be awarded an equal share of the net marital estate (i e , 50  of the mathematical total of marital assets minus marital debt)  T F Jane and Ken have been married for 32 years  His annual income is $325,000, hers is $55,000  She intends to file for dissolution sometime in August 2024  There is a rebuttable statutory presumption that she is entitled to indefinite spousal maintenance if the statutory factors support such an award  T F Call it  equality,  if you prefer, since the facts are that Whites, Blacks, Hispanics and American Indians are equally likely to experience domestic abuse  T F Here's a very interesting thing about binding arbitration  The arbitrator is not strictly bound by Minnesota law, but actually has more authority than does a judge when making her award in a dissolution case  Therefore, the arbitrator can make any award she considers just and appropriate under the circumstances, whether or not a judge would have had the legal authority to have made such an award  T F Daisy inherited stock from her Uncle Donald prior to her marriage to Desi  During the marriage, this non marital stock produces annual dividends of $5,000  Dividends from this non marital asset are considered to be marital property  T F Harry was not your ideal husband  He sometimes beat his wife Sally and then forced her to quit her job and stay at home because he didn't want her to work around other men  He also was unfaithful over the entire course of their 25 year marriage, having had many illicit affairs with both other women and men, at least one of which resulted in certain medical problems that he transmitted to Sally  He was able to successfully conceal his drug addiction while earning over $300,000 per year, most of which he gambled away at the local casino  With the help of a good counselor, Sally finally got up the nerve to file for dissolution  Which one of the following statements is true  Sally likely will qualify for higher than normal indefinite spousal maintenance due to Harry's misconduct  Physical abuse is an exception to Minnesota's no fault spousal maintenance rule  The court is prohibited from considering Harry's bad conduct when determining the amount of indefinite spousal maintenance to award Sally  Our office represents Gowdy  During mediation, his spouse, Farkas, was exceptionally rude to both the mediator and to Gowdy, and proposed options that no court would ever consider reasonable  She angrily stomped out of the mediation room yelling at Gowdy,   Just you wait and see how much this divorce is going to cost you    Thus, we had no alternative other than to prepare for trial  Our office is disappointed because this case easily could have been settled had Farkas just been reasonable during mediation  We estimate that Farkas' intransigence increased Gowdy's legal fees by fully $25,000  Gowdy wants the judge to order Farkas to pay this increased amount as a result of Farkas' bad faith  What is the best advice that we should give Gowdy  Evidence of Farkas' bad conduct and bad faith during mediation will not be admissible during the dissolution trial  Gowdy will be responsible to our law firm for the increased cost of legal fees  The court will permit us to introduce evidence of Farkas' bad conduct and bad faith during mediation, and if we can establish that by a preponderance of the evidence, there is a reasonable chance that the court will require Farkas to pay all or at least a portion of Gowdy's increased legal fees  Fred and Ethel were married 20 years ago when neither of them had any job or any property  However, since their marriage Fred accumulated $200,000 in retirement accounts and Ethel purchased real estate in her own name worth $200,000  The retirement account and the real estate are non marital assets since they are titled in only one spouse's name  T F Just last week the court ordered my dissolution client to engage in mediation  In response, her spouse claimed to have been a victim of my client's domestic abuse  My client vehemently responded that this claim is absolutely false  However, whether or not the claim is true, it is sufficient to exempt the parties from mandatory mediation  T F (2 points)  I have a question,  says your classmate   My notes show that property division in a dissolution must be just and equitable, but not necessarily equal  But I have absolutely no idea about how a court could determine what is just and equitable if it declines to make an equal property division  So   how could a court make such a determination    I can help you out, here,  you reply   I researched the applicable statute, and here are some factors the court can consider   Alex, a successful trial attorney, regularly earned an annual gross income of $500,000  But Maggie, who had been a stay at home mom during their 20 year marriage, recently filed for dissolution  Angered by this turn of events, Alex announced to his partners,  I'll fix her,  and promptly resigned from his law firm  He then got a part time job as a dog walker earning $12 00 per hour  When considering spousal maintenance, the court has the authority to impute income to Alex of up to $500,000  T F Last year I inherited $1M of 3M stock from my Uncle Scrooge  The good news is that if I ever get a divorce, the court absolutely will be prevented from awarding any portion of it whatsoever to my wife since it is all nonmarital and therefore no court ever will have the legal authority to award any portion of my inheritance to my wife  T F Notwithstanding Minnesota's no fault rule, the court has the legal authority to deviate upward when awarding spousal maintenance if one spouse has committed physical abuse against the other  T F If I am  tracing  a particular asset such as stock account, what am I doing                             At long last, Donald has reached age 62 and wishes to retire from his job as a State Capitol security guard  Unfortunately, when he divorced his former spouse Joe several years ago, the court ordered Donald to pay spousal maintenance of $2,400 per month  He won't be able to afford to pay this amount if he retires  To qualify for a reduction of spousal maintenance upon retirement, one of several factors Donald will have to prove to the court is that he retired in good faith  T F David and Abigail separated on June 1, 2023  Abigail filed for divorce on September 1, 2023  The initial case management conference was October 15, 2023  The final judgment and decree of dissolution was entered on March 7, 2024  The presumptive  valuation date  for purposes of valuing the parties' assets and liabilities is  June 1, 2023 September 1, 2023 October 15, 2023 March 7, 2024 The judge in Mickey and Cindy's dissolution trial ordered that Cindy should be entitled to three years of transitional spousal maintenance so that she could return to school and complete her law degree  This is an example of  A Schmitz Formula award An award that cannot be modified by the court under any circumstances An award of rehabilitative maintenance A Karon award I need your help because my notes regarding property division are an absolute mess  What, again, is a  property equalizer                                           Minnesota has a rebuttable statutory presumption that spousal maintenance should be awarded to a wife, but not to a husband  T F Under the Uniform Probate Code, a parent child relationship no longer exists between an adoptee and the adoptee's genetic parents  T F During their marriage, Jennifer and Ben had a reasonably lavish lifestyle including country club memberships, regular international travel, and substantial contributions to charitable causes  Ben now is seeking spousal maintenance  The bad news for him is that the court likely will disregard his attempt to include such so called  needs  in his projected post dissolution budget since these are extraneous and unnecessary expenses  T F Their July 1, 2012, dissolution decree ordered Craig to pay Angie $3,000 temporary (now  transitional ) monthly spousal maintenance on the first day of each month until July 1, 2025, after which time the court no longer would have any authority to award temporary or permanent (now  indefinite ) spousal maintenance  However, Angie believes that her substantial change in circumstances render the 2012 order unreasonable and unfair  Thus, on June 30, 2025, she filed a motion to modify the 2012 award by increasing her monthly payments to $5,000 for an indefinite period of time  Which one of the following statements is true  The 2012 award cannot be modified because the court expressly provided that the court no longer would have any authority to award temporary or permanent spousal maintenance after July 1, 2025  The court may modify the 2012 award because Angie filed her motion to modify before July 1, 2025  Under no circumstances may a Minnesota teacher use reasonable force without a child's consent, even when such force could be considered necessary to restrain the child from injuring any other person or property  T F Here's a good definition of the term,  parent child relationship                                   Harry is an elementary school psychologist who regularly counsels children  Young Malfoy, age 10, confidentially tells Harry that he is being sexually abused by his stepfather  Which of the following is most likely to be true  Client confidentiality prevents Harry from disclosing the abuse to the authorities  Harry is a permissive reporter, and therefore he is not obligated to report the alleged abuse to the authorities  Harry is a mandated reporter, and therefore is mandated to report the alleged abuse to the authorities  Harry is required to exercise his own independent professional judgment to determine the reliability of Malfoy's statements  Given recent scientific advances in genetic testing, Minnesota has enacted a statute that requires a court to apply a conclusive presumption of paternity if such tests indicate that the likelihood of paternity is 99  or greater  T F The Minnesota Supreme Court actually has upheld a parents' rights to physically punish a child  T F After much difficult soul searching, Maria decided that she would not keep her baby  So, a day after this healthy baby boy was born in the privacy of her home, she arranged to have her sister bring the baby to the steps of her church, called an ambulance and instructed the driver to deliver the baby to Fairview Urgent Care  Her sister refused to give the ambulance driver her or Maria's name or address  When the driver brought the baby to Fairview, the hospital immediately called both the police and Hennepin County Social Services to report the incident  Maria now has contacted our office, and I need you to answer each of these three questions before I meet with her  Maria cannot be prosecuted for child abandonment  T F Minnesota law required that Fairview immediately call the police  T F The best interests of the baby require that Hennepin County exercise all due diligence in an attempt to re unify the baby with Maria or Maria's family  T F Earl was mean   real mean  He regularly beat his live in girlfriend Wanda every Saturday night  But over the years, Wanda continued to get both emotionally and physically stronger   and meaner herself  Over the past year, an odd pattern has begun  After every Saturday night beating by Earl, Wanda wakes up each Sunday morning and whacks Earl with a frying pan  Yes, it injures him a little, but he just laughs it off  So Wanda escalated things, and just last Sunday walked into their bedroom, held Earl at gunpoint, and made him kneel down and beg for forgiveness for a full hour  At long last, Wanda has frightened Earl so badly that he files for an Order for Protection (an  OFP )  Which of the following best describes the situation  Earl is not entitled to an OFP since his beatings ultimately were the reason Wanda held him at gunpoint  Wanda, by holding Earl at gunpoint, has forfeited her right to ever file for an OFP  Earl is very likely to obtain an OFP against Wanda  Earl had to die, so it would have been permissible for Wanda to have shot him instead  of making him kneel  (2 Points) What two things does a Petitioner have to prove to obtain an OFP  Shortly after Kristin gave birth to baby Chris, the Dakota County Attorney filed a paternity case against Andy because Kristin and Chris are receiving Temporary Assistance for Needy Families ( TANF    formerly known as AFDC)  Andy believes he may be the father, but isn't certain, so being unemployed, a public defender was appointed to represent him  If he is adjudicated to be the father, Andy also wants the court to award him joint legal custody and parenting time  Andy has the right to have his public defender represent him on all issues, including paternity, joint legal custody and parenting time  T F (Two points) There are two ways to legally establish paternity in Minnesota  They are                                              and                                             Our group feels very passionate about this social issue  And we are shocked and dismayed that the judge permitted that doctor's office to continue doing what they are doing  So, we all got together last night, stood on the sidewalk in front of the judge's home, held up our signs and chanted our favorite slogans  We disturbed no other homes, although we intentionally blocked anyone from entering the judge's home during the three hours we were there  After all, free speech is our constitutional right  However, just this morning the sheriff served the leader of our group with something called a  harassment restraining order   We consulted with our lawyer and here's what she said about the concept of  targeted residential picketing   Your outrageous actions were sufficient to enable the court to grant an HRO  Based upon these facts, the court will not grant an HRO

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Question: Let's begin with this repeat question from Exam 1, with the hope that all members of the class will get it right this time. Here

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