Category Archives: Audio

Are DANCOS Unconstitutional? (DANCO = Domestic Abuse No Contact Order)

Well, this is really interesting from a legal perspective and it sure has huge implications for victims of domestic violence, law enforcement and those against whom Domestice Abuse No Contact Orders (DANCOS) are enforced in Minnesota.  There is a news segment on MPR News about how the issue of whether a court issuing a DANCO without any due proces to the person against whom they would be enforced is unconstitutional, and therefore any resulting DANCO violation is void.  This is a big deal!

From the article:

The Minnesota Supreme Court has agreed to consider the constitutionality of a state law designed to protect the victims of domestic abuse.

An attorney for Bryan Ness is challenging the law, which allows judges to impose domestic abuse no-contact order s that prevent someone suspected of abuse from contacting the victim.

Authorities say Ness, 33, struck his wife in the head several times during a January 2011, argument at their Moorhead apartment. When he appeared in court the next day to face charges for the assault, a Clay County judge ordered him not to have any contact with his wife.

Such court orders are popular with prosecutors. According to court records, Minnesota judges issued nearly 11,000 DANCO orders last year.

The news segment (audio and text) is found here” “Law Protecting Domestic Abuse Victims Challenged in [Minnesota] State Supreme Court“.


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Child Care Assistance Victim of Minnesota State Shutdown

07/14/2011 – SEE UPDATE HERE

Child Care Assistance is one of the victims of the Minnesota State Shutdown.

From a Friday, July 7, 2011 article from Minnesota Public Radio:

Twenty-six thousand Minnesota families received notice from the state that their child care subsidies would be cut off in a government shutdown. But the money comes from a pool of federal, state and county dollars. A judge could decide if those dollars can be sorted, and possibly distributed toward child care.

The article continues…

DFL Gov. Mark Dayton did not include child care subsidies in his original list of what he considered essential government services.

Ramsey County judge Kathleen Gearin agreed with Dayton in her ruling last week that state child care subsidies are not critical core services. But she also ruled the state was obligated to deliver programs paid for with federal dollars. Dayton this week amended his list of essential services to include child care subsidies. Gearin hasn’t yet ruled on this request.

As it stands, Gearin’s current ruling complicates the issue, because Minnesota uses federal dollars from a program called Temporary Aid for Needy Families to partly cover child care subsidies. Mary Nienow with the statewide advocacy group Child Care Works, hopes for a decision soon.

“Where the confusion lies is that all child care assistance has elements of TANF funding within it, and it’s mingled with state and local dollars and there’s just no way to separate the funding pools in order to provide child care assistance,” Nienow said.

The court-appointed special master, Kathleen Blatz, will hear more testimony Thursday on the child care issue. Families and their providers in the meantime are figuring out who pays.

Cisa Keller, of the Minnesota Child Care Association and New Horizon Academy, said some centers are still accepting children whose parents receive subsidies, but the families must pay if the state doesn’t.

It is unclear when a judge will rule on the request to begin payments for Child Care Assistance and it is unclear — when that ruling is issued — whether Child Care Assistance payments will be one of the few government programs that will be granted special status to continue operation even while the rest of the state government is shut down.

Click below for the audio or go directly to the article at

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Collaborative Divorce teleseminar

This is a speaker from Michigan, rather than MN, but I thought I’d point you to this Collaborative Divorce teleseminar I found hosted by Here’s a link to the .PDF brochure for the teleseminar on Collaborative Divorce scheduled for April 12, 2011 at 8 P.M. Central Time.

From their brochure:

Guest speaker: Collaborative Family Law Attorney, Lori Becker
Date: Tuesday, April 12, 2011  
Time: 8 pm to 8:30 EST (7 pm, CST; 6 pm, MST; 5 pm, PST)  
Cost: $0
Divorce is a life‐changing event. A new process called the Collaborative Divorce Process offers a
better way to end a marriage. This groundbreaking method revolutionizes the way couples
divorce. It addresses your legal, financial, and emotional needs and achieves the best family
arrangement possible. Families at war produce only losers and no winners. This exciting new
process empowers you ‐‐ not lawyers or a judge ‐‐  to shape the outcome of your divorce. Do
your homework and learn more about this process that helps you, as a divorcing couple, focus
on your long‐term interests, not your short‐term anger.
Attend this Teleseminar
Find out about this alternative and see if Collaborative Divorce is an option for your divorce:  
• Discover the benefits of collaborative solutions for divorce, child custody and co‐
parenting issues, division of assets, and more.  
• Learn how Collaborative Divorce/Collaborative Practice offers guidance, information,
and respectful problem solving.  
• What makes Collaborative Divorce different?
• The process of Collaborative Divorce  
• How it is designed for settlement  

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Lower Your Child Support If Your Financial Situation Changes

Has your financial situation changed? Do you pay child support? You’ll want to check out this Minnesota Public Radio information about how the courts are being flooded with motions to modify (reduce) child support because child support obligors have lost their jobs due to the poor economy. The title is “Courts flooded with requests to change child support terms“. The attorney cited is Virginia Kuberski, who by the way used to be with the Rice County Attorney’s Office, where I met her several years ago. Now she’s famous!

Here’s a link to the MN Court’s do-it-your-self forms to make a motion to reduce your child support. And here is a link to the MN Court’s child support self-help center where you’ll find lots of great Frequently Asked Questions and Answers and other helpful information related to MN Child Support.

Call Arnold Law and Mediation at 507-786-9999. We help people all across Minnesota with motions to modify child support.

We can help you! Call and learn more at 507-786-9999 or email

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The children of divorce | News Cut | Minnesota Public Radio

Today, Wednesday August 26th at noon on Minnesota Public Radio “News Cut”, there will be an hour-long documentary titled The Children of Divorce.
The children of divorce | News Cut | Minnesota Public Radio

Check out the whole MPR series including A Divorce Revolution, Perfecting Divorce and A Visit to Divorce Class.

Author of this post: Carl Arnold, Attorney and Mediator

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Parenting-After-Divorce Book, “My Stick Family”, Audio Interview of Author

My Stick FamilyI found a helpful audio interview of the author of the book “My Stick Family”, which is about divorce and children and parenting after divorce written by a divorced mother, at ncdivorcetalkradio. According to the overview on the Divorce Talk Radio website:

Author Natalie Reilly joins us to talk about how the divorce impacted both her and her children became the inspiration for her book “My Stick Family”. She discusses not only what she learned from her own divorce about comforting kids during the transition, but what she has learned from others as well and covers the importance of parenting and family even after separation.

Author of this post: Carl Arnold, Attorney/Mediator

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Keeping Kids Out of the Middle, by Benjamin D. Garber, Ph.D.

keeping-kids-out-of-the-middle2Listen to the author of the book Keeping Kids Out of the Middle: Child-Centered Parenting in the Midst of Conflict, Separation, and Divorce, Benjamin D. Garber, Ph.D. on FM 107.1 Sunday May 3, 2009 from 10-Noon on the “Family Affairs” show. Here’s a link to be able to listen online! Here is a link to Dr. Garber’s website

Author of this post: Carl Arnold, Attorney/Mediator

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