Minnesota Child Support Questions & Answers

Q: Child support not used for child

1 Answer | Asked in Child Support for Minnesota on
Answered on May 14, 2018
D. Patrick McCullough's answer
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.

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

1 Answer | Asked in Child Custody and Child Support for Minnesota on
Answered on Apr 18, 2018
D. Patrick McCullough's answer
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 you.

Q: How can I get my support lowered as my income has decreased singnificantly.?

1 Answer | Asked in Child Support and Family Law for Minnesota on
Answered on Apr 4, 2018
D. Patrick McCullough's answer
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.

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?

1 Answer | Asked in Child Custody, Child Support, Education Law and Family Law for Minnesota on
Answered on Mar 26, 2018
D. Patrick McCullough's answer
There are two types of Custody-Legal and Physical and it depends upon what your Judgment and Decree says.

Q: A friend is going off to treatment, so clearly won't have income, is he still obligated to pay child support?

1 Answer | Asked in Family Law and Child Support for Minnesota on
Answered on Mar 6, 2018
Lisa Watson Cyr's answer
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.

Q: What does extracurricular activities above and beyond the standard schooling curriculum include?

1 Answer | Asked in Divorce, Family Law and Child Support for Minnesota on
Answered on Feb 15, 2018
Lisa Watson Cyr's answer
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 children without defining exactly what those activities include. Without any specific activities identified in your decree, "extracurricular activities" may include all of the activities you indicate...

Q: I pay $1,800 plus 1/2 of extracurricular. Is that part legally enforced? What defines extracurricular? VB camp? Piano?

1 Answer | Asked in Child Support for Minnesota on
Answered on Feb 15, 2018
D. Patrick McCullough's answer
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 before ruling on this issue. In any event, certainly she should not incur expenses without your knowledge and consent unless the J&D expressly states she can.

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

1 Answer | Asked in Family Law and Child Support for Minnesota on
Answered on Feb 13, 2018
Lucas Wynne's answer
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.

Q: If you get paid 3 checks in one month can they take child support out of your 3rd check

1 Answer | Asked in Child Support for Minnesota on
Answered on Feb 7, 2018
D. Patrick McCullough's answer
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 equalizes the amount ordered. Therefore, generally the same amount is taken from each check, no matter if there are 4 or 5 checks per month.

Q: What if my sons father is not following our stipulation agreement? Child support, his portion of expenses, etc....

1 Answer | Asked in Child Custody, Child Support and Family Law for Minnesota on
Answered on Feb 6, 2018
Lisa Watson Cyr's answer
If your son's father is not paying his court-ordered child support, you have a few options. If he is working, you may want to apply for income withholding services through the appropriate county. You also have the option to bring a motion seeking to have your son's father held in contempt for non-payment of support.

Q: My ex wife signed my son up at Huntington learning center without my consent and is now demanding I pay my half of the

2 Answers | Asked in Family Law and Child Support for Minnesota on
Answered on Feb 5, 2018
D. Patrick McCullough's answer
It likely will depend upon what your Divorce Decree states or doesn't state.

Q: Is there any support programs for someone who does not know the identity of who fathered their child?

1 Answer | Asked in Child Support for Minnesota on
Answered on Dec 19, 2017
Lucas Wynne's answer
There are all types of welfare programs for individuals who meet income requirements. If you do not know who fathered your child, it is best to seek voluntary paternity tests and, if necessary, bring a paternity action against the likely father as to establish child support.

Q: am i obligated to prove how i spend my child support payments to my ex husband in minnesota?

1 Answer | Asked in Child Support and Family Law for Minnesota on
Answered on Sep 22, 2017
Lucas Wynne's answer
No. If your ex-husband is withholding, you may need the assistance of an attorney.

Q: am I obligated to pay support if I have no legal rights to my child? Been paying $500 a month without a court order.

1 Answer | Asked in Child Custody and Child Support for Minnesota on
Answered on Aug 11, 2017
Lucas Wynne's answer
Unfortunately, I cannot answer this question because it is too vague. I am unsure of the "why" behind the reason you are paying the $500 per month. I would need to know more information.

Q: Is it illegal to receive child support if the child is not living in the house?

1 Answer | Asked in Child Support for Minnesota on
Answered on Jul 24, 2017
Joseph A. Gangi's answer
Speak with a lawyer about getting the current order modified.

Q: What if I haven't seen my daughter in 16 yrs and now the mother is asking for child support.

1 Answer | Asked in Child Support for Minnesota on
Answered on Apr 21, 2017
Lucas Wynne's answer
You are best off speaking with an attorney about your particular situation. If it has been sixteen years, there would likely be very little time left to pay support. This does not mean you will get out of paying, but I would not simply trust the mother's calculation as to the amount of support.

Q: who is the best lawyer for contempt of court for not paying child support

1 Answer | Asked in Child Support for Minnesota on
Answered on Apr 13, 2017
Lucas Wynne's answer
Attorneys are prohibited from making comparative statements of their services such as calling themselves "the best." Virtually any lawyer who practices family law (or is willing to) can bring this motion for you.

Q: How do I qualify for legal help?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Minnesota on
Answered on Mar 7, 2017
Lucas Wynne's answer
You pay for an attorney. If you cannot afford an attorney, you seek help from your local legal services organization. However, the local legal services organization is not under any obligation to represent you.

Q: Is the Administration child support unconstitutional by Minnesota Supreme Court?

1 Answer | Asked in Child Support, Criminal Law and Federal Crimes for Minnesota on
Answered on Mar 7, 2017
Lucas Wynne's answer
I assume you are referring to the Uniform Interstate Family Support Act (UIFSA) but I am unsure where you received your information. It is not unconstitutional for a state other than that in which you live to enforce a child support order against you. If this were the case, every person who wanted to avoid paying child support would move to another state.

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