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Questions Answered by Corwin Kruse
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...
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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 »

1 Answer | Asked in Family Law for Minnesota on
Q: If im supposed to have custody of my daughter and her dad is not giving her back to me what do i do ?

He took her when i was sick back in November for 2 weeks so i could get well and then he enrolled her into preschool behind my back . He would drop her off at first to spend a few days with me and turn around and come get her without contacting me first . Now he refuses to let me talk to her... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 28, 2020

It is difficult to say what you can do without knowing more. Were you married? If so, are you divorced? You say that you are "supposed to have" custody. Is there a divorce decree or other court order that sets forth the parenting time you each get? If so, you can go to court to... Read more »

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: I found out the court date from my sons dad later last night my son told me he was going back to live with him...I then

Spoke to his dad telling the court hearing was yesterday at 130pm I was never served papers or anything about the court hearing

Corwin Kruse
Corwin Kruse answered on Feb 25, 2020

I would contact the court clerk's office and take a look at what documents have been filed. See if there is an affidavit of service. If not, you can raise that to the court.

2 Answers | Asked in Family Law and Child Custody for Minnesota on
Q: I was never served my court papers by there farther or anyone. No mail at my house stating this either. Now the courts

Are trying to give my boys right to their dad. Can I fight this at all?

Corwin Kruse
Corwin Kruse answered on Feb 25, 2020

It sounds like a custody motion. You can certainly oppose that.

If you are sure that you have never been served, then the case is not properly before the court. If, however, you have been served, you will need to make an appearance or the court can rule against you by default. If you...
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1 Answer | Asked in Family Law for Minnesota on
Q: My son had a child with a young woman, they have since broke up but I am not being allowed to see my grandchild .

She doesn't have her children all the time. She lives with her grandparents who currently basically are raising but is in control of who can and cant see the babies.

Corwin Kruse
Corwin Kruse answered on Feb 23, 2020

Has your son been adjudicated the father? Does he have court-ordered parenting time? If so, you could see the child during that time. If not, neither he nor you have any enforceable rights.

1 Answer | Asked in Family Law for Minnesota on
Q: one last question. I appreciate you and this site you been so much help for people who can't afford representation.

Now with having joint legal custody of 9 yr old son and his case manager and therapist never meeting me in person and solely going on the words of my angry ex-wife towards me and being very unprofessional and bias toward me. Do I have the right to take them both off my son's case? since I... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 20, 2020

If you have joint legal custody, you have equal say in determining medical/psychiatric treatment. You should have been consulted prior to starting therapy. You should raise to the court the fact that you weren’t and can then ask that they be removed for bias or other reasons.

1 Answer | Asked in Family Law for Minnesota on
Q: Follow up Question my son shouldn't even know about court coming up or supervised visits she wants.

he tells me and asks me questions that no 9 yr old should know about or be told such as at his last appointment his therapist called him into room asking what we talk about on visits and phone calls so she knows what to say in court and his case manager talking to his mom in front of him saying... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 19, 2020

You will likely want/need a transcript of the recording if it is to be presented to the court. For now, highlighting the conversation and noting that the entire conversation is available for the court may suffice. Note that court's generally dislike parents involving the children in disputes... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: I was served by my ex-wife on a motion to modify visitation and have court in Fillmore cty Mn on march 10th.

Im filling out my response in our divorce we have joint legal custody. her complaints are ludacris and she has put see attached but has nothing to support anything shes claiming the reasons why asking for a change cause nothing that shes claiming happened on visits ever has happened. His school... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 17, 2020

Yes, you should have access to the records. If they won’t provide voluntarily, you can subpoena them.

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: What to do if dad ends up having child more and still paying support to mom and she quits her job?

Hello, my bf is court ordered to have him on weekends and she has asked us to have him more. If we don’t have him his grandma does . Who doesn’t live with mom. We seem to be sharing custody with grandma not mom. Mom voluntarily quit job. And we’re still paying her $400 dollars a month. Is... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 12, 2020

you cannot stop making payments unless the court modifies the child support order. You would need to go to court and ask first that parenting time be modified to reflect the actual situation, and then ask that support be modified per the new schedule. If mom voluntarily quit, income can be... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: Thank you for your answer Corwin.

He was never married to the mother. How would you find out if it has been adjudicated? The child in has lived under my wife and my roof, with the father (my step son) for 40-45 percent of the time, this has been on going for 4 years child spends the rest of the time with child's mother, under... Read more »

Corwin Kruse
Corwin Kruse answered on Feb 11, 2020

Normally, you can look up cases online, however, if this is a paternity case it would not show up. If it is a divorce, then it would. If your step son is seeking official parenting time, then yes, the living arrangement would help your case. That said, there are many variables involved.

1 Answer | Asked in Family Law for Minnesota on
Q: follow up question

father has been ordered to pay child support, does that take away the presumption of paternity?

Corwin Kruse
Corwin Kruse answered on Feb 11, 2020

If a father has been ordered to pay child support, that would indicate that he was either married to the mother or adjudicated the father. Presumption of paternity would no longer apply unless another man is challenging the paternity.

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