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Questions Answered by Corwin Kruse
1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: How to stop parent from fraudulently collecting support.

Paid support for 17 years. Child recently dropped out of highschool, and left mother's home to live in parts unknown in Minneapolis. (with boyfriend, assumably) How can we stop payments to the mother?

Corwin Kruse
Corwin Kruse answered on Sep 4, 2019

Minnesota law defines "child" for the purposes of support as "an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support."

You would need to bring a...
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1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: Explain child support a bit more in depth; like what would child support cover? Would rent count as being covered?

Or any other bills in the household that he doesn’t live at be counted?

Corwin Kruse
Corwin Kruse answered on Jul 31, 2019

Child support in Minnesota is set by statute. If you google Minnesota Child Support Calculator, you can input your information and get a presumptive child support amount. The court can deviate, but needs to explain why if it does so. Basic child support is meant to be a contribution to basic... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: What is the fastest and nicest way of divorce and child custody?

My husband goes back and forth telling me that he wants the nicest divorce and child custody but the next time it is brought up that he will drag out the divorce the longest and expensive way as possible. Is there a way to get it done fast and nicely as possible, when he is against getting advice... Read more »

Corwin Kruse
Corwin Kruse answered on Jul 29, 2019

"Fastest and nicest" is a pretty subjective goal. More importantly, fastest and nicest may not be "best"; rather it may simply be agreeing with everything that the other person wants. As a SAHM, you would potentially receive some level of spousal maintenance. In addition, you could ask that your... Read more »

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Is the down-payment my wife made during our marriage considered marital or non-marital upon divorce?

My wife and I bought an investment property together about 8 months into our marriage. We mutually agreed to buy it, both of our names are tied to the mortgage and ownership. At the time of purchase, my wife paid the entire 20% down-payment of $70k from her personal checking account (as we agreed I... Read more »

Corwin Kruse
Corwin Kruse answered on Jul 25, 2019

There is no clear-cut answer to this, as there are a lot of variables in play. This is really going to come down to her ability to trace the funds. Some questions that need to be answered: What was the source of funds in the account? What was the balance of the account at the time of marriage?... Read more »

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: Hello, if i make a couple child support payments before court will it help my contempt case so i don't go to jail?

Husband has contempt hearing coming up lost his job and was unable to pay for the past year now has part time work and we can make at least two payments before court but his job will fire him if he goes to jail for this hearing how can we avoid jail time he tried for custody of the kids and lost... Read more »

Corwin Kruse
Corwin Kruse answered on Jul 23, 2019

Holding someone in contempt involves a two-stage process. In the initial hearing, the court will attempt to ascertain why the payments were not made. If the party has a valid excuse, to the satisfaction of the court, no contempt should be found. For the hearing, you will want to gather all... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Personal Injury for Minnesota on
Q: Is it legal for a person grante temporary legal custody of child to immediately have elective surgery perfomed on child?

They never asked for consent from the parent and did not notify the parent nor the Court. They just went and had elective surgery performed on the child within weeks of being granted ex parte temporary legal custody. The child is now severely psychologically abused and traumatized. After elective... Read more »

Corwin Kruse
Corwin Kruse answered on Jul 19, 2019

Legal custody carries with it the right to make medical decisions for the minor child. Of course, depending upon the circumstances, one might be able to argue that custody should be modified based upon physical or emotional endangerment to the child.

1 Answer | Asked in Divorce, Family Law and Child Support for Minnesota on
Q: Will the judge see through his lies?

My husband moved from our house straight in with his mistress. It’s been three years and I finally saved up enough money to file for divorce. I was a stay at home mom and he is a contractor. He went from making $50,000 a year to now making $17,000 a year (after deductions ) His mistress has been... Read more »

Corwin Kruse
Corwin Kruse answered on Jul 12, 2019

There are no guarantees, but generally judges recognize that self-employed people are able to hide income. A lot of claimed expenses may be added back. The court will look at his prior income as well as what he is now making. If his mistress contributes to the household expenses, that lowers... Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: Hi, My own attorney retired, I was wondering if I could request items directly from my ex's lawyer or if I need one to.

I need my ex's address and my daughter's need their birth certificates and SSC but he isn't giving me either. I was wondering if I needed to get my own lawyer to get these or if I could go directly to my ex's lawyer myself and ask him to talk to my ex.

Corwin Kruse
Corwin Kruse answered on Jul 10, 2019

If you are no longer represented, you can contact the attorney directly. Be aware that he or she may want confirmation that you are not represented before responding to you.

1 Answer | Asked in Family Law for Minnesota on
Q: I am married to my unborn baby’s biological father, do I have to to put his name on the baby’s birth certificate?
Corwin Kruse
Corwin Kruse answered on Jun 30, 2019

Assuming that you are in MN, you do not have to put his name on the birth certificate. Because you are married, however, he will be the “presumed father” under Minnesota law. You may wish to have him complete a Non-Paternity Statement. Forms are available on the Department of Human Services website.

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My 11yr old doesn't want to go.

My 11 year old daughter doesn't want to go to her dads. Her father and I were NEVER married we live in MN He has no legal or physical custody and there also is no parenting time. He does pays child support now(going on 3yrs). For the last 8yrs I have let her go with him every other weekend(other... Read more »

Corwin Kruse
Corwin Kruse answered on Jun 13, 2019

You've indicated that the father has no legal or physical custody and no parenting time, but that he does pay child support. You haven't stated whether or not he has been adjudicate the father or whether the child support is court-ordered (which would require such an adjudication) or voluntary.... Read more »

1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: I am 16, wondering if I can get child support from my dad whom I dont live with.
Corwin Kruse
Corwin Kruse answered on May 30, 2019

You cannot directly get child support; one of your parents can get child support on your behalf. If you live with your mother, she could seek child support from your dad by going to court.

1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: Hi When does my payment of child support end? I've heard conflicting things and I'm a little confused. Thanks

I live in Hugo, MN

Corwin Kruse
Corwin Kruse answered on May 30, 2019

Generally, child support ends when your child BOTH turns 18 and is out of secondary school. If still in secondary school, child support can continue until age 20.

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