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Questions Answered by Corwin Kruse
1 Answer | Asked in Family Law for Minnesota on
Q: My Father passed away years ago and left his assets to my 3 male siblings and his his new wife's 4 children. Total 8 kid

Can't get complete question in on prior page. Per father's Will all assets went to his surviving wife. His wife passed away and she has new will where all assets go to here 4 children, all sons on father's Will were removed. In short instead of assets being split between 8, now all... Read more »

Corwin Kruse
Corwin Kruse answered on Jan 13, 2022

Yes. Only a spouse has a statutory right to inheritance.

1 Answer | Asked in Family Law for Minnesota on
Q: I have sole physical and legal custody of my daughter.

After mediation I'm required to let her father "schedule and facilitate" medical and dental appointments. We live 150 miles apart and it seems ridiculous that her primary care provider would be in his city, hours from where she lives. Since I have full custody I get to pick where she... Read more »

Corwin Kruse
Corwin Kruse answered on Dec 8, 2021

Mediation is non-binding. Unless you signed an agreement that has been entered by the court, nothing has changed your ability to schedule such appointments on your own.

1 Answer | Asked in Family Law and Tax Law for Minnesota on
Q: In a custody case, will a judge ever deny one parents request for rights to claim the child on taxes every other year?

My ex and I have a now 9 year old daughter that he has had very little to do with. He has not made any attempts to see her in over two years. Last spring we had a very nasty dispute over taxes as I discovered he had been claiming her every year saying she lived with him half the time (lie). I had... Read more »

Corwin Kruse
Corwin Kruse answered on Nov 11, 2021

It sounds as if you were never married. Was there any adjudication of paternity? If not, he has no right to claim her.

Going forward, the judge can award the exemption to you alone. Based on what you’ve said, that seems appropriate.

If the decree doesn’t address taxes, IRS...
Read more »

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: How do I go about getting a new court order for visitation for my custody case? 1st Party refusing to cooperate.

The paternal grandmother of my daughter has custody right now. Over 2 years ago, the court granted me visitation, but she has refused, and/or made it very difficult. She has emotionally abused me and alienated my child from me for 2 years now. I am not allowed to talk to her, send her gifts, I got... Read more »

Corwin Kruse
Corwin Kruse answered on Nov 2, 2021

You bring a motion in court asking that the parenting time schedule be modified.

2 Answers | Asked in Criminal Law and Family Law for Minnesota on
Q: In 2017 my ex convinced me to pay an extra $2,400/yr to cover 50% of our special needs son's summer camp.

I agreed to pay an additional $200 per month ($2,400 /yr) based on the cost of $4,800 per year for [our son's] special needs summer camp. However the invoices from [the special needs summer camp] were 2019: $3,600.00, 2020: $0.00, and 2021: $3,120.00 resulting in an over-payment of $3,840.... Read more »

Corwin Kruse
Corwin Kruse answered on Oct 27, 2021

You are not obligated to pay anything not ordered by the court. If the agreement was voluntary, you can stop the payments at any time. You may also suggest that she use the overpayment to cover camp going forward.

I do family law, not criminal, so I cannot address that question.

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1 Answer | Asked in Family Law for Minnesota on
Q: Is there a form that will give representation for a disabled spouse?
Corwin Kruse
Corwin Kruse answered on Oct 15, 2021

I’m not sure what you mean be representation, but a power of attorney form will allow a person to grant decision-making power to another.

1 Answer | Asked in Family Law for Minnesota on
Q: Does income include tips or just taxable income in a child support battle? Can bank statements be included?

Hello, I am in the middle of a child support fight. Deciding how much money is owed to the other. Two kids involved. One of the parents works in the restaurant field and makes tips. Not all tips are included in the taxable income.

Corwin Kruse
Corwin Kruse answered on Oct 1, 2021

Tips are included (and taxable). Bank statements can be requested in discovery or subpoenaed.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: Why can my ex have his girlfriend & her kids with on my kids supervised visits with their dad when they don’t want them

From the start my kids have not wanted dads gf and kids with on their supervised visits, but he Dosent care or acknowledge their feelings/wants. Situations keep happening & things keep getting worse and he will not remove the problem for the sake of his kids. What else can I do for my kids?

Corwin Kruse
Corwin Kruse answered on Sep 25, 2021

It depends upon what restrictions are put in his parenting time in the divorce decree. If it doesn’t prohibit his GF and kids, he can bring them unless you bring a motion to modify and can demonstrate that a prohibition is in your kids’ best interests.

1 Answer | Asked in Family Law for Minnesota on
Q: I filed motion to modify alimony. My ex's attorney says he is not available on the hearing date. What do I do?
Corwin Kruse
Corwin Kruse answered on Aug 25, 2021

I assume that the attorney also told the court. The court will likely reschedule it for a mutually-agreeable date.

1 Answer | Asked in Family Law for Minnesota on
Q: I have court ordered sole physical n legal custody. Can my sons father have access to his medical info?

My son is 17 and his father n i divorced 16 yrs ago. Im in Minnesota

Corwin Kruse
Corwin Kruse answered on Jun 28, 2021

Physical custody has little meaning in MN and is unrelated to medical info. The question is legal custody. If you have joint legal, he would generally have a right to the info.

1 Answer | Asked in Family Law, Child Custody and Child Support for Minnesota on
Q: My ex and I were never married and we both want to do 50/50 with our two kids.

She has them on her medical insurance and I pay the daycare. We are still currently living together but I’m looking at moving out but in the same town so that the convenience for her if she needs help with anything and for the kids. I just want to know how we’d go about making an agreement or... Read more »

Corwin Kruse
Corwin Kruse answered on Jun 2, 2021

You can jointly petition the court to establish custody, parenting time, and child support. If paternity has not been adjudicated, you need to include that in your petition.

Daycare is one element of child support, as is insurance, and would be divided between you. You can get a...
Read more »

1 Answer | Asked in Real Estate Law for Minnesota on
Q: In Minnesota do I have any rights as an unmarried partner to any money I have contributed to my partners home

I have made mortgage payments, property tax payments, and added value to his home

Corwin Kruse
Corwin Kruse answered on May 23, 2021

It is possible that you could have a claim, but it would not be in the family courts.

If you have evidence of the payments, you *might* be able to prove your claim in civil court. It is also possible, however, that the payments could be viewed as “rent” in exchange for living there.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Do you have to buy out an ex from a martial home or can he give you his half?

My husband and I separated in October. He moved out and got an apartment. I am working on finding an attorney to get the divorce moving, but due to finding out I'm also pregnant has made that difficult. I would like to get the ball rolling and get the divorced finalized.

Corwin Kruse
Corwin Kruse answered on May 6, 2021

The two of you can divide property pretty much any way you wish (within reason). There is no requirement that one party “buy out” the other’s share of a home, or that property division be equal.

Generally, one party might take other property (stocks, retirement, etc) in lieu of...
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1 Answer | Asked in Family Law for Minnesota on
Q: Non biological father but he wanted to be on the Ruth certificate but now has been a year and he isn’t around the kids

Anymore does he still have to pay child support even if he isn’t the biological father but he wanted to be in the birth certificates of both my children

Corwin Kruse
Corwin Kruse answered on Apr 30, 2021

Simply being on the birth certificate is insufficient to establish legal paternity. No child support would be ordered without an adjudication of paternity.

2 Answers | Asked in Domestic Violence for Minnesota on
Q: What is certificate of representation and parties and affidavit of service by u.s mail?

About domestic violence

Corwin Kruse
Corwin Kruse answered on Apr 4, 2020

A certificate of representation is a document a lawyer files to tell the court that they are representing one of the parties.

An affidavit of service is a document attesting under oath to the fact that another document was served on the opposing party by mail.

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1 Answer | Asked in Family Law for Minnesota on
Q: Does custodianship end at age 18 or at graduation date?
Corwin Kruse
Corwin Kruse answered on Mar 26, 2020

I'm not 100% sure what you mean by "custodianship," but child support obligations end when the child has BOTH turned 18 and graduated. If still in secondary school, the obligation can continue until age 20.

1 Answer | Asked in Child Custody and Family Law for Minnesota on
Q: My custody agreement states I can request a drug test and I have requested 2 in the last few months and the mother wont

She states to me weather she takes one or not or passes or not it dont matter cause I can't take them because I only have joint legal custody. What can I do? Parenting time is supposed to stop until a clean test is provided but law enforcement can't help they say because she is custodial

Corwin Kruse
Corwin Kruse answered on Mar 23, 2020

Does the custody agreement include an order for parenting time? If not, what is the purpose of the drug-test provision? Does the agreement set forth penalties for failing to pass a test (in general, failure to take a test is treated the same as failing to pass)?

1 Answer | Asked in Family Law for Minnesota on
Q: My ex signed a recognition of parentage for my twins and I believe he is not the father how can I get genetic testing

We are going to court for child support for them how to I go forth with genetic testing to see who their father is?

Corwin Kruse
Corwin Kruse answered on Mar 23, 2020

Generally, you can ask the court to order testing for the person you believe to be the father and, if necessary, your ex.

2 Answers | Asked in Family Law and Admiralty / Maritime for Minnesota on
Q: can i get married at 18 outside of minesota if i live in minnesota ??
Corwin Kruse
Corwin Kruse answered on Mar 22, 2020

It would depend on the requirements for getting a marriage license in the other state.

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1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Civil Rights for Minnesota on
Q: Separated but married, selling house and she received 2K from buyers today. Does she need to give me half?

She is refusing to give half, is she able to do that?

Corwin Kruse
Corwin Kruse answered on Mar 4, 2020

By "separated," I assume you mean living apart, not legally separated. If you are married, you will both need to sign to transfer ownership of the house. You can refuse to sign unless you get a portion of the proceeds. I would contact the closing company and make them aware that you... Read more »

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