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Questions Answered by Lisa Watson Cyr

1 Answer | Asked in Family Law and Child Support for Minnesota on

Q: When there is more than one child under the support order, does it modify automaticallywhen one of the children turn 18?

There are two children, under the support order, one of which is 18 as of January 2019 and will graduate June 2019. the other is 12. When contacted about how the order and amount being paid for support will change due to one child turning 18, the case worker says in Minnesota, the support order... Read more »

Lisa Watson Cyr answered on Apr 25, 2019

If the child support order does not provide a specific amount for each child, then upon the emancipation of each child the child support obligor must bring a motion to modify the child support on the basis of emancipation of a child pursuant to Minn. Stat. 518A.39, Subd. 5(c).

1 Answer | Asked in Divorce for Minnesota on

Q: Is a spouse automatically entitled to spousal maintenance?

Wealthy,plus marriage of 35 years.

Lisa Watson Cyr answered on Apr 9, 2018

A spouse is not automatically entitled to spousal maintenance. The court must consider the factors set forth in Minn. Stat. Sec. 518.552 in making a determination whether to award spousal maintenance.

1 Answer | Asked in Divorce for Minnesota on

Q: What happens if I can't refinance my mortgage in a divorce decree?

My debt to income is too high. I am scheduled to refinance per divorce decree this year but I need more time. What can she do against me if I am unable to refinace in the time specified by the decree?

Lisa Watson Cyr answered on Apr 9, 2018

It depends on what your divorce decree indicates as the result of you not refinancing on schedule.

1 Answer | Asked in Family Law for Minnesota on

Q: I want to go back to my mother

I had decided to move in with my father when I was 14 and my parents were already separated my dad now I think my dad has shared custody of me, however I am not totally sure. I want to go back to my mother.

Lisa Watson Cyr answered on Apr 9, 2018

You need to talk with your parents as to your reasons for wanting a change in the time you spend with each of them.

1 Answer | Asked in Family Law, Personal Injury, Animal / Dog Law and Child Custody for Minnesota on

Q: My daughter was recently bitten in the face at her mom's boyfriend's house and received over 100 stitches, can I sue

She was laying in her bed when dog attacked

Lisa Watson Cyr answered on Apr 9, 2018

Most likely, but you need to talk with an attorney as soon as possible to go over the specific facts of the unfortunate attack.

1 Answer | Asked in Divorce and Family Law for Minnesota on

Q: In Minnesota, at what age can my children decide which parent they want to live with?

We are divorced, my kids dread going to stay with their dad and want to stay with me. They are ages 11 and 9.

Lisa Watson Cyr answered on Mar 12, 2018

There is no stated age upon which a child is able to decide who they want to live with; however, the reasonable preference of a child is one of the factors the Court will consider in determining what is in the child's best interest. As the child gets older and more mature, the child's preference... Read more »

1 Answer | Asked in Family Law and Child Support for Minnesota on

Q: A friend is going off to treatment, so clearly won't have income, is he still obligated to pay child support?

Lisa Watson Cyr answered on Mar 6, 2018

To seek relief from a child support obligation, your friend should bring a motion to modify or suspend the child support order during the period he will not be earning an income.

1 Answer | Asked in Divorce for Minnesota on

Q: I am going to get divorced, but need a new car. If I buy a car and it's only in my name can she take it after the div.

Lisa Watson Cyr answered on Mar 5, 2018

If you purchase a car before the divorce with monies considered marital such as your earnings, then the net value of the vehicle could be part of the division of property.

1 Answer | Asked in Divorce and Family Law for Minnesota on

Q: Applicable state domestic relations law citation in Minnesota

In the division of asset (401K) during a divorce in Minnesota what is the applicable state domestic relations law citations?

Lisa Watson Cyr answered on Mar 2, 2018

For division of property in a Minnesota divorce, the applicable statute is Minnesota Statute Section 518.58.

1 Answer | Asked in Family Law and Divorce for Minnesota on

Q: A marriage of 30+ years, Children are selfsufficient ages 25 & 28. Do we file MN dissolution with or without children?

We are separated, have all assets dissolved, no request for pension or alimony. Just want to finalize with a dissolution.

Lisa Watson Cyr answered on Feb 23, 2018

Because your children are no longer minors, your dissolution filing status would be "without" children.

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... Read more »

Lisa Watson Cyr answered on Feb 20, 2018

If your current parenting time order was based on you living in state, then you likely will need to seek a modification of the parenting time so that it is a better fit for your current circumstances. You can seek a modification of parenting time by bringing a motion. A child deserves to have the... Read more »

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1 Answer | Asked in Family Law and Child Support for Minnesota on

Q: What does extracurricular activities above and beyond the standard schooling curriculum include?

I'm paying $1,800 a month in child support and then it says as additional child support the parties agree to equally share the costs of extracurricular activities above and beyond the standard schooling curriculum. I am wondering what that includes? My ex-wife is signing the kids up for voice... Read more »

Lisa Watson Cyr answered on Feb 15, 2018

An agreement to share extracurricular activity expenses is an obligation that is in addition to the guideline basic, medical and childcare support order. Based on the information you provided, it appears you and your ex-wife agreed to equally share the cost of extracurricular activities for the... Read more »

1 Answer | Asked in Family Law for Minnesota on

Q: Want to go back to my maiden name and hyphenate my son (3)to my maiden and my ex’s last name. Will a judge allow it?

Ex is against it. The divorce was defaulted because he didn’t show up or respond. We have 50/50 legal custody, I have 100% physical custody with him having supervised visatuon. He sees my son once to twice a month (whenever he asks) and he doesn’t pay any child support. Has nothing to do with... Read more »

Lisa Watson Cyr answered on Feb 15, 2018

To seek a name change for your minor child, you will need to follow the correct procedure. The following link provides the forms and instructions you would need if you plan to seek the name change for your son without an attorney:... Read 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?

Lisa Watson Cyr answered on Feb 9, 2018

If an action for child support has been commenced, or there is a child support order in effect, both parties have the right to request copies of the other party's latest federal income tax return, W-2, and 1099s every two years pursuant to Minnesota Statute Section 518A.28.

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1 Answer | Asked in Family Law and Child Custody for Minnesota on

Q: My ex is not a good dad or person. He's slapped his other two girls alot when I was with him. If he tries for parenting

Time, will he get it alone? She's scared of him and he's said he's gonna take her and never bring her back, etc.

Lisa Watson Cyr answered on Feb 7, 2018

The Court will determine parenting time after considering what is in the child's best interest based on the factors set forth in Minnesota Statute Section 518.17. Based on the information you have provided, it appears there may be good cause to seek supervised or restricted parenting time.

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on

Q: What if my sons father is not following our stipulation agreement? Child support, his portion of expenses, etc....

Lisa Watson Cyr answered on Feb 6, 2018

If your son's father is not paying his court-ordered child support, you have a few options. If he is working, you may want to apply for income withholding services through the appropriate county. You also have the option to bring a motion seeking to have your son's father held in contempt for... Read 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?

Lisa Watson Cyr answered on Feb 5, 2018

If your decree does not specifically require you to contribute to this type of expense, then there is a good chance you would not be held liable, especially where your ex-wife incurred the expense on behalf of your child without your knowledge or advance agreement.

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1 Answer | Asked in Divorce for Minnesota on

Q: My ex is remarried and has a great job and makes more than me. Can I take her to court to get my pension back?

Lisa Watson Cyr answered on Feb 1, 2018

A property settlement in a divorce is final upon entry of the decree, subject to the right of appeal. A decree may be reopened under certain circumstances specified by statute within one year following the entry of the decree; however, barring any other relevant facts, the reasons you have... Read more »

1 Answer | Asked in Divorce for Minnesota on

Q: I am divorced. There was a parcel of land miss in the divorce. Do I still maintain ownership of said land? I live in MN.

Lisa Watson Cyr answered on Feb 1, 2018

If your divorce decree is silent regarding real or personal property owned by you or your ex spouse as of the valuation date, the property is considered omitted property and the Court may still have jurisdiction to award the property to you or your ex spouse.

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