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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... View More
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... View More
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... View More
answered on Feb 17, 2020
Yes, you should have access to the records. If they won’t provide voluntarily, you can subpoena them.
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... View More
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... View More
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... View More
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.
father has been ordered to pay child support, does that take away the presumption of paternity?
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.
If a ROP is signed by the farther at the time of birth, does that off set MN law that states, a unmarried mother mother has sole rights to the child
Thank you,
Fred Prescott
answered on Feb 11, 2020
No. The ROP creates a presumption of paternity, but if the parties are unmarried, an adjudication of paternity is still required for paternal rights.
answered on Jan 27, 2020
You will need an attorney who specializes in Estates, Trusts, and Probate.
I have a son who's gonna be 15 in July, and a daughter who is 10, with one woman. After we separated, we managed to agree to visitation, and custody, without going to court. She has had physical custody of both of them for the last few years. During that time I had another daughter who just... View More
answered on Jan 22, 2020
Termination of rights to one child does not terminate rights to other children.
You indicated that you and the mother have "separated" and agreed to custody and visitation. Were or are you married to one another? If not, you have no enforceable parental rights unless you go to... View More
My daughters father and I broke up due to emotional abuse and he has changed the behavior since then we both still want to be together and work stuff out but he told me the court said if he were to be together with me again he'd be sent to jail for it is that possible
answered on Jan 12, 2020
Is there an Order For Protection in place? If so, violating it is a crime and can lead to jail time.
Now, my son is at the age of majority and my daughter lives with me. My daughter does not want to live with her mother. I live in Minnesota, and my ex-wife lives in a different state and thinks that a child support calculation would be based off of the state statute of the state she lives in.... View More
answered on Oct 22, 2019
If the decree was entered in MN and your daughter still lives here, the MN child support statute will apply. As for underemployment, this is a fact question and you would need to request her tax returns, pay stubs, and bank records in discovery. The statute allows for support to be based upon... View More
I'm representing myself. We were given dates to choose from, they picked next week because it fit around her work schedule, I declined due to my work schedule and her lawyer then emailed me requesting my work name address and phone number to prove my work schedule.
answered on Oct 11, 2019
The lawyer can request, but you do not have to provide. That said, unless it would impact your work relationship or jeopardize your job, it may be simplest to give the information. At minimum, you should provide alternative times that WILL work for you for mediation.
18 yo is paying for rent and food to ex. Do I still have to pay child support at this point?
answered on Oct 10, 2019
Per Minnesota law, a "child" for the purposes of child support is "an individual under 18 years of age, an individual under age 20 who is still attending secondary school." If the child is 18 or more and presently not in school, you have an argument that child support should... View More
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?
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... View More
Or any other bills in the household that he doesn’t live at be counted?
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... View More
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... View More
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... View More
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... View More
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?... View More
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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.
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.
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