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Minnesota Child Support Questions & Answers
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 would need to bring a...
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.

1 Answer | Asked in Child Support for Minnesota on
Q: Child support not used for child

My ex wife is living on her own while my child is living with my ex in laws. I'm currently trying to get full custody.

My ex in laws asked if could buy some new clothes for my child because they didn't have the money. My ex is keeping all the child support and nothing is going to her... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on May 14, 2018

In your quest for Custody, you also need to ask the court to terminate any child support payable to your X and also a request that your X pay you child support. That should take care of the problem.

1 Answer | Asked in Child Custody and Child Support for Minnesota on
Q: I have full physical custody of my daughter She took off to her dads and won’t come back now he demanding support return

It’s only been 20 days. He enrolled her in school and hour and a half away from me and took her away from all her mental health supports.

D. Patrick McCullough
D. Patrick McCullough answered on Apr 18, 2018

How old is your daughter? He has no right to do what he did if you have full physical custody; however depending upon your daughter's age and the circumstances as to why she left, will impact on what the court will do in this situation. You should hire an experienced family law attorney to assist... Read more »

1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: How can I get my support lowered as my income has decreased singnificantly.?

Mom makes more than Dad. Dad had to quit job to watch kids that are under his care because Support money made it impossible to pay for daycare. Support isn't being used for caring for daughter, she's never wearing shoes that fit, her hygiene is questionable.. Also daughter will be with dad full... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on Apr 4, 2018

A substantial change in financial circumstances can be a basis to change a child support obligation. I would need to know much more to give you a complete answer. You would need to bring a motion in order to lower support(unless your X agreed). You should talk with an atty to help you.

1 Answer | Asked in Child Custody, Child Support, Education Law and Family Law for Minnesota on
Q: Do I have the right to go see my child in school if i don't have custody of my child but I do pay child support?
D. Patrick McCullough
D. Patrick McCullough answered on Mar 26, 2018

There are two types of Custody-Legal and Physical and it depends upon what your Judgment and Decree says.

1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: A friend is going off to treatment, so clearly won't have income, is he still obligated to pay child support?
Lisa Watson Cyr
Lisa Watson Cyr answered on Mar 6, 2018

To seek relief from a child support obligation, your friend should bring a motion to modify or suspend the child support order during the period he will not be earning an income.

1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: What does extracurricular activities above and beyond the standard schooling curriculum include?

I'm paying $1,800 a month in child support and then it says as additional child support the parties agree to equally share the costs of extracurricular activities above and beyond the standard schooling curriculum. I am wondering what that includes? My ex-wife is signing the kids up for voice... Read more »

Lisa Watson Cyr
Lisa Watson Cyr answered on Feb 15, 2018

An agreement to share extracurricular activity expenses is an obligation that is in addition to the guideline basic, medical and childcare support order. Based on the information you provided, it appears you and your ex-wife agreed to equally share the cost of extracurricular activities for the... Read more »

1 Answer | Asked in Child Support for Minnesota on
Q: I pay $1,800 plus 1/2 of extracurricular. Is that part legally enforced? What defines extracurricular? VB camp? Piano?

I was told extracurricular activities is not events such as sporting fees and piano, Girl Scouts, voice lessons. She is signing them up for everything and then I have to pay half in addition to the $1,800 a month I don't think that's right isn't that what the child support is for? If I refused to... Read more »

D. Patrick McCullough
D. Patrick McCullough answered on Feb 15, 2018

It appears you have a valid concern. If there is a provision in the Judgment and Decree relating to these expenses, than that would control. If the J&D does not address this issue and the matter is then brought before a judge, there are a # of considerations the court would take into consideration... Read more »

1 Answer | Asked in Family Law and Child Support for Minnesota on
Q: my ex started a gofundme page for my daughter's medical expenses. I pay 62% of med bills. Can I get part of that money

My daughter had to be hospitalized last month and the insurance company (her mothers policy for her and my daughter) covered much of the cost but not everything. After insurance I pay 62% of whatever is left to pay. My ex set up a GFM page that stated the money would be used to pay medical bills... Read more »

Lucas Wynne
Lucas Wynne answered on Feb 13, 2018

All of the money should be going towards the medical bills if that is what the page was created for - not to you and not to your ex. In fact, if either of you profit from this personally (rather than pay off the bills) a crime may have been committed.

2 Answers | Asked in Child Support for Minnesota on
Q: His attorney has asked me to send her my pay stubs, taxes, w2 etc To modify child support

Am I obligated to send her all my finance documents prior to the hearing?

D. Patrick McCullough
D. Patrick McCullough answered on Feb 9, 2018

yes

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1 Answer | Asked in Child Support for Minnesota on
Q: If you get paid 3 checks in one month can they take child support out of your 3rd check

I am asking this cause someone I know who is paying child support says that he doesnt get anything thing taken out of the 3rd check

D. Patrick McCullough
D. Patrick McCullough answered on Feb 7, 2018

Generally most child support Orders provide for a specific dollar amount to be paid on a monthly/semi-monthly or weekly basis and they then calculate the amount that is taken out of each check, depending upon how the individual is paid so that at the end of the year the total Ordered Child Support... Read more »

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