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Minnesota Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: does back child support debt go away when someone passes away? the children are adults now.

We were quit deeded land before my step- dad died, ( he was never legally married to my mom) we found out after he died he was paying 50 dollars a month towards a 70k debt of back Child support for 2 kids he was never involved with, he didnt have any custody of them ever. Both the children are... View More

T. Augustus Claus
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answered on Feb 9, 2024

Back child support debt does not automatically go away when someone passes away. The obligation to pay back child support can still be claimed against the deceased's estate. Since the children are adults now, the back child support remains a debt of the estate. If the land was quitclaimed to... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Minnesota on
Q: I need to know, what my options are to start a divorce and what needs to be done. I have 5 children that live with me.

She left about 8 months ago, no contact with us for 6 to 7 months

Robert Kane
Robert Kane
answered on Jun 20, 2023

The Minnesota Judicial website is an excellent place to start. It seems you may have some matters to address that require a some help. An attorney would certainly benefit you and the children.

Limited-scope representation is when you and a lawyer agree that the lawyer will handle some...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Minnesota on
Q: We are planning on doing 50/50 custody. Will I have to pay child support since I make more then my spouse?

I make $110,000. My spouse makes $80,000. We have 2 kids.

Robert Kane
Robert Kane
answered on May 20, 2023

It's probable, that you will have to pay child support since you make more then the other parent. "The Minnesota Child Support Division bases the Child Support Guidelines Calculator on the Minnesota Child support guidelines statute." You should input your data to determine your... View More

1 Answer | Asked in Child Support for Minnesota on
Q: Child support lowered

My ex got his child support lowered based on his hourly wage. He has worked a consistent and predictable overtime schedule since before we split. Shouldn’t that be calculated into his support obligation? Before we went to court his lawyer offered me a deal that included the overtime, but he... View More

Robert Kane
Robert Kane
answered on Mar 26, 2024

Unfortunately, it seems you had your day in court and may be prevented from taking any further steps at this time. Perhaps you can seek reconsideration or alike. Without knowing exactly what happened it is hard to advise. Perhaps you can afford a limited-scope representation. Good luck.

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: My ex has my daughter, she filed child support on me then moved out of state.

County case worker will not hear me out on this fact. How do i go about reporting this fact to the county?

Robert Kane
Robert Kane
answered on Jan 3, 2024

Child support and child custody are related, but separate matters. Relocation is primarily a custody matter.

1 Answer | Asked in Child Support for Minnesota on
Q: Me and my girlfriend are going to have a baby. We are going to be living together. Will I have to pay child support

We won’t be married but will be living together . And do plan to marry in the future

Robert Kane
Robert Kane
answered on Oct 5, 2023

Will anyone be receiving government assistance?

1 Answer | Asked in Child Support for Minnesota on
Q: My dad owes child support, and I’d rather have him be relieved of it, so he can get a license and improve his own life

Only one of his kids hasn’t turned 18, with full consent from the mothers, would it be possible to fully alleviate him of all past owed child support? Me and my mom know, we’re never going to get it, I think she’d agree to it, if it was going to help him turn his life around so he can be... View More

Robert Kane
Robert Kane
answered on Sep 12, 2023

Your mother can stipulate as to the amount of arrears owed her. She cannot do anything regarding the amount he owes to the government (i.e. taxpayers.)

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Unmarried parent, the mom is going out of state on vacation and told dad he could take child for the time being.

Mom changed her mind last minute and is bringing her to grandmas house. Is the dad able to legally have that custody time if the mother is out of state for that week. There is no court ordered custody agreement.

Corwin Kruse
Corwin Kruse
answered on May 7, 2022

If there is no court-ordered custody or parenting time, dad has no legal rights to time with the child.

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... View 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 Child Support, Divorce and Family Law for Minnesota on
Q: How to use marital lien to pay off child support arrears of close to same amount? Lawyer necessary?

Divorced (as Respondent) in April, 2000 after 1 year of marriage, 1 child, and 3 years of legal dissension re child support, visitation, and property division. The divorce decree states, “Respondent shall be awarded a marital lien on the parties homestead in the amount of $11,008.00 at an... View More

William Bailey
William Bailey
answered on Jan 18, 2021

It would be wise to at least set up a consultation with a family law attorney.

1 Answer | Asked in Child Support for Minnesota on
Q: How can I get my stimulus, since the county have been working on reducing the arrears owed. And have agreed to the hards
William Bailey
William Bailey
answered on Jan 4, 2021

It is impossible to answer your question without more information. You should speak directly with an attorney.

1 Answer | Asked in Child Support for Minnesota on
Q: My son just turned 18 and I found out his mom hid from me that he dropped out of school. How do I stop support to her.
William Bailey
William Bailey
answered on Dec 16, 2020

I would recommend consulting directly with a family law attorney.

1 Answer | Asked in Child Support for Minnesota on
Q: I just found out I may be the father of a 17 year old. If tests says I am will I have to pay any kind of back child supp

They are demanding I take a DNA test.

Lucas Wynne
Lucas Wynne
answered on Oct 14, 2020

Very likely

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: Who should I talk to in order to acquire a stimulus check despite being in arrears to child support? ...Read on.

My son is 23 years old, works as a delivery driver and pays no rent to his mother. His tax return was ...significant. However, I was laid off in March due to the pandemic lock-downs, and my job officially ended as the June riots destroyed my place of work. Needless to say how hard it was to see... View More

Lucas Wynne
Lucas Wynne
answered on Oct 14, 2020

The payout is going to be redirected because you have the back payments owing. Unfortunately, the state will not care much that you lost your job.

1 Answer | Asked in Child Support for Minnesota on
Q: Can my ex demand I pay childcare when she is the one providing that childcare? Not child support but childcare.

Since Covid, the local daycare has closed down. But my ex demands that I continue to pay for childcare. My divorce decree includes a monthly childcare payment amount based on an estimate. It says it shall not be adjusted according a cost of living increase but should be based on the actual cost of... View More

Sonja M. Nyberg
Sonja M. Nyberg
answered on Jun 1, 2020

Without reading your current order for child support, it is difficult to give you the best answer. With that said, in order for you to modify the amount you are paying per month for childcare support you will need to file a motion with the Court. The good news, however, is that child care support... View More

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... View 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... View More

1 Answer | Asked in Family Law, Estate Planning and Child Support for Minnesota on
Q: Can my husband keep my children from me if there is no custody or visitation through the courts
Tammy L. Wincott
Tammy L. Wincott
answered on Dec 18, 2019

Usually, until a court order is established either parent is entitled to possession of the child. Some states give the mother possession depending on the age of the child. Seek the advice of a family law attorney as soon as possible.

1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: When my ex and I divorced in 2015, we each had a child that was living with us so child support was reserved for future.

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

Corwin Kruse
Corwin Kruse
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

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Q: Do I legally have to provide proof of my work schedule for scheduling a mediation

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.

Corwin Kruse
Corwin Kruse
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.

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...
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