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Questions Answered by D. Patrick McCullough
1 Answer | Asked in Family Law for Minnesota on
Q: Can my ex enroll daughter under his insurance without letting me know?

My ex recently enrolled my daughter under his new insurance through MNSure without letting me know or speaking to me about it. We have joint custody. I would have liked her to be under my insurance instead, if it’s more beneficial and a better rate. He does not provide me a copy and won’t add... View More

D. Patrick McCullough
D. Patrick McCullough
answered on Mar 5, 2018

Re: health Ins for your daughter, it depends upon what your Judgment and Decree says re: that issue. If it is silent concerning the health ins(which I doubt)then you will need to either amend the JD to cover that issue re: an agreement with your X and absent an agreement, with a court hearing re:... View More

1 Answer | Asked in Family Law and Divorce for Minnesota on
Q: My spousal support ends when my ex turns 62 in April. Does he have to keep paying until I get my social security
D. Patrick McCullough
D. Patrick McCullough
answered on Feb 23, 2018

That depends upon many factors, most important, in Minnesota if you do not bring a Motion to extend or at least reserve the issue of SM before the date for termination of SM in your JD, you may forever be barred from continuing the SM. You need to contact a family law atty ASAP

2 Answers | Asked in Family Law and Child Custody for Minnesota on
Q: Help with family law, i have an existing custody and visitation court order since 2009. How do I do a modification?

I moved out of state and have requested to see my child multiple times but the mother refused, Judge suggested mediation but it still didnt work due to the mother using the child as a pawn. How do I request modification and uninterupted telephone and visitation access to my child? I also need a... View More

D. Patrick McCullough
D. Patrick McCullough
answered on Feb 20, 2018

Assuming you are a good parent, the court would likely enforce and perhaps modify your time with your child now that you have moved out of state and the existing schedule is no longer practical. You will need to bring a Motion to be heard by a judge to make those changes.

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1 Answer | Asked in Child Support for Minnesota on
Q: I pay $1,800 plus 1/2 of extracurricular. Is that part legally enforced? What defines extracurricular? VB camp? Piano?

I was told extracurricular activities is not events such as sporting fees and piano, Girl Scouts, voice lessons. She is signing them up for everything and then I have to pay half in addition to the $1,800 a month I don't think that's right isn't that what the child support is for? If... View More

D. Patrick McCullough
D. Patrick McCullough
answered on Feb 15, 2018

It appears you have a valid concern. If there is a provision in the Judgment and Decree relating to these expenses, than that would control. If the J&D does not address this issue and the matter is then brought before a judge, there are a # of considerations the court would take into... View More

2 Answers | Asked in Child Support for Minnesota on
Q: His attorney has asked me to send her my pay stubs, taxes, w2 etc To modify child support

Am I obligated to send her all my finance documents prior to the hearing?

D. Patrick McCullough
D. Patrick McCullough
answered on Feb 9, 2018

yes

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1 Answer | Asked in Family Law for Minnesota on
Q: My ex wants to half alimony since starting LTD. Can he? He makes over 200k, and has lots of assets.

I make 39k and support our adult disabled daughter on SSI Living in an apartment paying hundreds per month, and also support son living at home in college.

D. Patrick McCullough
D. Patrick McCullough
answered on Feb 8, 2018

I would need much more information such as the underlying Judgment and Decree and/or other Court Order re: the alimony provision and more facts re: your expenses and his expenses etc.

1 Answer | Asked in Child Support for Minnesota on
Q: If you get paid 3 checks in one month can they take child support out of your 3rd check

I am asking this cause someone I know who is paying child support says that he doesnt get anything thing taken out of the 3rd check

D. Patrick McCullough
D. Patrick McCullough
answered on Feb 7, 2018

Generally most child support Orders provide for a specific dollar amount to be paid on a monthly/semi-monthly or weekly basis and they then calculate the amount that is taken out of each check, depending upon how the individual is paid so that at the end of the year the total Ordered Child Support... View More

2 Answers | Asked in Family Law and Child Support for Minnesota on
Q: My ex wife signed my son up at Huntington learning center without my consent and is now demanding I pay my half of the

8000.00 bill. I, in no way, can afford this? am I liable for this bill?

D. Patrick McCullough
D. Patrick McCullough
answered on Feb 5, 2018

It likely will depend upon what your Divorce Decree states or doesn't state.

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1 Answer | Asked in Divorce for Minnesota on
Q: I have been a resident of MN for almost 6 months and am planning on filing for divorce. My husband lives in FL.

My intent is to be able to file for divorce and not have to travel back to FL for any reason.

D. Patrick McCullough
D. Patrick McCullough
answered on Feb 1, 2018

After you have been a resident of Minnesota for 6 months, you will qualify to commence the Divorce Proceeding in Minnesota. Generally speaking, the case would then be venued in Minnesota and heard here but if there are minor children involved that are still connected with the state of Fla, or if... View More

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