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Minnesota Family Law 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 Family Law, Constitutional Law, Probate and Small Claims for Minnesota on
Q: Is it legal for my Grandma to transfer my deceased Mom's debt over to me and make me pay for it?

So my mom passed away on Thanksgiving, my sister let me have her car because it was in accordance with my mom's wishes (My mom didn't have a will. We just agreed to it as next of kin) Now, my Grandma who has STRONGLY been against me having the car is saying that I owe her $1,200 in order... View More

James L. Arrasmith
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answered on Jan 5, 2024

In general, debts do not transfer to family members upon someone's death unless they were co-signed or jointly held. As for your situation, you are not automatically responsible for your mother's debts, including any money she may have owed to your grandmother, unless you had a legal... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Minnesota on
Q: Do I have any rights my father just passed away if my last name on my birth certificate is his last name His name is not

He is not my biological father. He was going to adopt me. But my biological father said no. I had his last name until I got married. Then I had to change it. He's passed away in my sister is claiming that I don't get half of his Ashes. I don't get nothing. I'm just wondering... View More

T. Augustus Claus
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answered on Jan 3, 2024

In the context of family law in Minnesota, your rights regarding your father's estate may depend on various factors, including whether there was a legally recognized adoption, the presence or absence of a will, and the specific laws governing inheritance in the state. If your father had... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: How do I fight a “revenge restraining order” (OFP) that was filed against me—& granted?

My wife had been violent with me since 2014, but walked out & filed for divorce in Nov of ‘22. 8 months later, after being quiet about the abuse for years, I did a social media post discreetly talking about (I said no names or relationships) what I was & had been going through. The next... View More

Robert Kane
Robert Kane
answered on Dec 23, 2023

You will need to convince the court you are entitled to a new hearing because you were unable to attend. I apologize, but I don't know specifically what you need to file without more information. Perhaps another attorney can help. Based on the rest of your question, it doesn't seem you... View More

1 Answer | Asked in Divorce, Banking and Family Law for Minnesota on
Q: my parents got divorced in 2006 when they signed the papers it stated that both of them will have a college fund set up

When i got accepted to college and i asked my dad for my college fund he told me no. What can i do? (The divorce papers have account numbers of the fund)

David H. Relkin
David H. Relkin
answered on Nov 2, 2023

He said "no" or he said he didn't set up the account? College funds are generally trust funds controlled by the Trustee who generally provides in the Trust fund document that he has discretion. That would prove a difficulty especially since you don't want to antagonize him.... View More

1 Answer | Asked in Family Law for Minnesota on
Q: how do i get something off my background?

2017 had a chips case but did everything i was suppose to kids came home but now its costinmg me jobs because it shows up on my background as maltreatment of a minor

T. Augustus Claus
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answered on Oct 24, 2023

To address a past incident affecting your job prospects due to a maltreatment of a minor charge from 2017, consider these steps:

Ensure compliance: Ensure you have met all court orders and probation requirements related to the case. This can bolster your case for expungement.

Verify...
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2 Answers | Asked in Family Law and Domestic Violence for Minnesota on
Q: Duo ofp

Abuser locked me out ruined my belongings and now he's serving me where is my rights as a victim

T. Augustus Claus
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answered on Oct 23, 2023

If you are a victim of domestic abuse or harassment in Minnesota, it's important to know your rights and the steps you can take to protect yourself. You can contact law enforcement to report the incident and document any damage or harm caused by the abuser. Seeking a restraining order, known... View More

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1 Answer | Asked in Family Law for Minnesota on
Q: I have a contempt of court hearing coming up and I’m wondering what to expect

I have text messages as evidence along with voice recordings. I was wondering if I need to send the messages in as exhibits online or if I can just bring them to court with me

T. Augustus Claus
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answered on Sep 29, 2023

Contempt hearings generally evaluate whether a party has failed to comply with a court order. As for your text messages and voice recordings, you should consult the court's local rules or ask the clerk whether they can be submitted online or if you need to bring them to court.

1 Answer | Asked in Family Law for Minnesota on
Q: What does this mean? "I have made the following efforts to get the non-applicant parent’s address from these persons:"

This is for an affidavit in support of order for publication and order for publication (minor name change). Is she able to state that no effort has been made?

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

As a general rule, a person requesting service by publication must demonstrate that they have used reasonable diligence to locate the person to be served and have attempted unsuccessfully to serve that person in-person as a condition precedent to obtaining an order for service by publication.... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: I’m trying to start the process for divorce and I’m looking for prices on starting that

Will need to do custody aragements as well as the divorce it’s self

Robert Kane
Robert Kane
answered on Sep 10, 2023

Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional arrangements between lawyers and clients where a lawyer is hired to provide legal services on all aspects of a case,... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for Minnesota on
Q: I’m trying to start the process for divorce and I’m looking for prices on starting that

Will need to do custody aragements as well as the divorce it’s self

Robert Kane
Robert Kane
answered on Sep 10, 2023

If you are asking about attorney fees, it will vary. Generally, a relatively sizeable retainer is required. After a few calls, you will have an idea of the costs. Some attorneys are reasonable and some are not. Some attorneys are flexible and some are not. I am prevented from quoting figures.

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2 Answers | Asked in Domestic Violence and Family Law for Minnesota on
Q: Meaning of “no direct or indirect contact” in a restraining order in context of being in the same physical area or room?

In context of an Harrassment Restraining Order: The order says I "shall have no direct or indirect contact with petitioner, including any visits to or phone calls to petitioners home, contact via electronic means such as email or social networking sites.”

Can I be in the same... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 5, 2023

Is there a limitation as to how many feet away? if not the Order is somewhat vague and may not be giving clear guidance to a police officer who may be called to enforce the Order. I recommend that you contact a local attorney who practices criminal and family law, perhaps have the Order modified... View More

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2 Answers | Asked in Domestic Violence and Family Law for Minnesota on
Q: Meaning of “no direct or indirect contact” in a restraining order in context of being in the same physical area or room?

In context of an Harrassment Restraining Order: The order says I "shall have no direct or indirect contact with petitioner, including any visits to or phone calls to petitioners home, contact via electronic means such as email or social networking sites.”

Can I be in the same... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 5, 2023

It is totally dependent upon the language in the OFP. I would avoid being in the same location as the protected party. Being at school events is setting yourself up for trouble. The problem is not being there, but putting yourself in a location where she can claim that you had some sort of... View More

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2 Answers | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: Can i find an attorney for a trial that starts tomorrow for False Allegations of Sexual assault and Maltreatment, MN?

Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 29, 2023

An attorney is not going to be prepared who is retained the day for a hearing/trial. It is unclear from your question whether this is a criminal trial; an OFP/HRO hearing; a child protection trial; or something else. Your best bet is to go to the hearing and request additional time from the Court... View More

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2 Answers | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota on
Q: Can i find an attorney for a trial that starts tomorrow for False Allegations of Sexual assault and Maltreatment, MN?

Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Aug 29, 2023

As a practical matter, the day before a trial begins is too late to retain an attorney in that case. That should be avoided by retaining an attorney near the beginning of a case. The best option "the day before trial" might be to ask the judge for a postponement of the trial, to allow... View More

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1 Answer | Asked in Family Law for Minnesota on
Q: Is it my right to know whether my ex-husband is bringing an attorney to a mediation?
John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Your terminology "right to know" is a little harsh. It would be assumed that the parties in a family law dispute would bring their attorneys to a mediation concerning that dispute. It would be highly unusual for them not to do so, and it would be odd to try to hide that fact from... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My granddaughters by court order have to spend there summers in California with there father. Can they refuse?

They have been going to California for about seven years now. They are 17 and 13 years old and don't want to spend the whole summer there. Is there anything we can do to help them?

Corwin Kruse
Corwin Kruse
answered on Jul 3, 2023

It really depends on the facts of the case and how parenting time could be restructured. It is very possible that ending summered in California would reduce parenting time enough that the court would consider it a modification of custody, which would likely necessitate showing endangerment.... View More

1 Answer | Asked in Family Law and Child Custody for Minnesota on
Q: My granddaughters by court order have to spend there summers in California with there father. Can they refuse?

They have been going to California for about seven years now. They are 17 and 13 years old and don't want to spend the whole summer there. Is there anything we can do to help them?

Robert Kane
Robert Kane
answered on Jul 1, 2023

The girls' wishes should be considered, but it isn't their decision. The parents will need to modify the custody order to reflect any changes. If an agreement can be reached it should be fairly simple for an attorney.

Refusal to comply with the current is a violation, regardless...
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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 Divorce and Family Law for Minnesota on
Q: I can't pay my legal fees so my current lawyer is dropping my case. My husband won't negotiate. What do I do?

My husband filed a divorce petition that I contested. During mediation he wouldn't negotiate at all so the case has gone to court. He changed the password on the bank accounts so I don't have access. He pays some bills and gives me $800 per month randomly. That's not even close to... View More

Robert Kane
Robert Kane
answered on Jun 17, 2023

It seems odd your attorney wouldn't address your short term need at the onset. You should be seeking temporary support and requesting he pay your attorney fees. The Minnesota Judicial Branch website Help Topics is an excellent resource. Some attorneys, like myself, will try hard to make legal... View More

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