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Minnesota Child Support Questions & Answers
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... 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...
Read more »

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... Read 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... Read 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... Read 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... Read 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... 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, 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 Lyn Wincott
Tammy Lyn 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.... Read 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... Read 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...
Read more »

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 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 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 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.

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
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 Child Support for Minnesota on
Q: I have a daughter who is 19 yrs old and hast not graduated. the mother requested the court for another yr of support

If my daughter was supposed to graduate last year and she didn't and also I have a son who will turn 18 next year, is there something I can do to have the court stop the support now for my 19 yr daughter and next year when my son turns 18?

D. Patrick McCullough
D. Patrick McCullough
answered on Apr 4, 2019

It depends upon what your Judgment and Decree states relative to this issue.

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