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Minnesota Family Law Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Minnesota on
Q: My wife's narcissistic "Christian" mother and father have brainwashed her into getting HRO, Ex Parte Custody and Jail 4

I am a 31-year-old Christian, father, husband, and founder of Krew Cleaning services. I had17 "violations of harassment order" that coincidently got filed against the morning I was supposed to see my daughters the first time in 2 months (due to an ex parte custody that got approved based on her... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 13, 2019

You are entitled to a hearing on the HRO/OFP. There are instructions in the paperwork that you were served about how to request a hearing. It will be her burden at the hearing to establish that you have been harassing her or that an act of domestic abuse occurred. The violations are criminal... Read more »

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...
Read more »

1 Answer | Asked in Family Law for Minnesota on
Q: Can a predatory offender, that has to register for life, get unsupervised visits with their children?

I am going through a custody situation, after having child support raised. I was given sole legal and sole physical custody in 2011. I had child support raised in December 2018 and a month later I was served with custody papers. My daughter is 9 and her Biological dad is a registered predatory... Read more »

Lucas Wynne
Lucas Wynne answered on Aug 7, 2019

You should get an attorney who cares about your daughter's safety - and pronto.

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.

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 Contracts, Estate Planning and Family Law for Minnesota on
Q: Does the principle have to be present at a TX bank, if both co-agents of a DPOA want to modify the principles account?

My cousin and I are both the agents (acting jointly) for our Aunt, who's 79 yrs old, on a durable power of a attorney.

The Principle has diminished mental capacity, is a US citizen currently living in the Philippines. One agent is in Nevada, the other agent is in Minnesota. Only one agent... Read more »

Joshua Damberg
Joshua Damberg answered on Feb 6, 2019

Generally, the answer to this is no. The Principal should not need to be present for his or her Attorney(s)-in-Fact to use the Power of Attorney document. In light of the recent epidemic of misuse of POAs and the exploitation of the elderly, many banks have attempted to institute additional... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Minnesota on
Q: Who can you contact regarding no charges being filed against a sexual predator?

Mid twenty year old male who is labeled as a vulnerable adult sexually assaulted a 7 year old male child. The child confirmed this in an interview along with the predator admitting it happened along with his guardian admitting it happened. Also this is not the first time this predator has sexually... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 19, 2018

The County Attorney for the county where the offense occurred makes any charging decisions about whether to move forward with charging the matter out. I am assuming that there must be some valid reason why he or she is choosing not charge the case.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Minnesota on
Q: What If proper procedure was not followed by Minnesota statue.

I was initially served by alternate means other than publication an Affidavit of service by mail dated June 21 2018 is on file with the court the Court held a hearing on June 28th 2018 and I did not appear the court issued an order for protection dated June 28th 2018 by default

Joseph A. Gangi
Joseph A. Gangi answered on Aug 15, 2018

Speak with an attorney. If you were not properly served, you may be able to reopen the case.

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Minnesota on
Q: Want to file for divorce. Also have a collection court date. Can I file for divorce & bankruptcy at same time? What 1st?

Husband charged up card in my name. No big deal til he quit paying. I cannot afford the huge payment. I want to file for divorce due to emotional,financial and verbal abuse. 3 kids stuck in the middle of this big mess. Summons showed up from the people who bought the debt. Tried to settle but they... Read more »

Timothy Denison
Timothy Denison answered on Aug 10, 2018

Bankruptcy first, then divorce. Bankruptcy will be over in 90 days.

1 Answer | Asked in Divorce and Family Law for Minnesota on
Q: Can I remove/rescind my divorce petition at any time? Can the judge deny me that? Can I do it at the start of trial?

I filed for divorce and want to remove my divorce petition. Trial starts next week. I believe that the attorney for the other party put in place that if I removed my petition that she would automatically become the petitioner and we would proceed from there. Though I do not believe that my wife... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on May 10, 2018

The Judge cannot deny you the right to withdraw your Petition; however, I am guessing your spouse served and filed a Counter-Petition and if so she can proceed on her Counter-Petition over your objection.

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