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Minnesota Child Support Questions & Answers
1 Answer | Asked in Child Support and Family Law for Minnesota on
Q: am i obligated to prove how i spend my child support payments to my ex husband in minnesota?

my ex husband is trying to withhold payment till i prove how much i pay for daycare.

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

No. If your ex-husband is withholding, you may need the assistance of an attorney.

1 Answer | Asked in Child Custody and Child Support for Minnesota on
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.

Bitter ex took me to court for my child after we split and surprisingly he won full custody. My son (7) resides in Florida and I live here in MN. His father and I were never married. I have been paying $500 a month to him for the past 4 years without a court order. What's your advice? Should I... View More

Lucas Wynne
Lucas Wynne
answered on Aug 11, 2017

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.

1 Answer | Asked in Child Support for Minnesota on
Q: Is it illegal to receive child support if the child is not living in the house?

My daughter is 17 and has been living with her 28 year old illegal boyfriend and has had a child with him and is now currently pregnant again. She has not lived with her mother for the past two years

Joseph A. Gangi
Joseph A. Gangi
answered on Jul 24, 2017

Speak with a lawyer about getting the current order modified.

1 Answer | Asked in Child Support for Minnesota on
Q: What if I haven't seen my daughter in 16 yrs and now the mother is asking for child support.

She hasn't collected anything or needed help in the past and now all of a sudden she is asking for $710.00 a month.

Lucas Wynne
Lucas Wynne
answered on Apr 21, 2017

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.

1 Answer | Asked in Child Support for Minnesota on
Q: who is the best lawyer for contempt of court for not paying child support
Lucas Wynne
Lucas Wynne
answered on Apr 13, 2017

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.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Minnesota on
Q: How do I qualify for legal help?

I am going through a divorce and custody dispute. My soon to be ex is playing hard ball and I want what is best for the kids,

Lucas Wynne
Lucas Wynne
answered on Mar 7, 2017

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.

1 Answer | Asked in Child Support, Criminal Law and Federal Crimes for Minnesota on
Q: Is the Administration child support unconstitutional by Minnesota Supreme Court?

If Supreme court Minnesota ruled it unconstitutional, are we bound to obey the Unconstitutional Order of interstate Commerce, while living in another State?

Lucas Wynne
Lucas Wynne
answered on Mar 7, 2017

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... View More

1 Answer | Asked in Child Support for Minnesota on
Q: How much percent can they take out of your check for back support
Lucas Wynne
Lucas Wynne
answered on Mar 6, 2017

• 50 percent (50%) of the employee’s disposable earnings for child support or spousal support if the employee is supporting another spouse or child

• 60 percent (60%) if the employee is not supporting another spouse or child

• An additional 5 percent (5%) for support...
View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Minnesota on
Q: Can your ex move your child within the state and how many miles of Minnesota
Lucas Wynne
Lucas Wynne
answered on Mar 3, 2017

This would certainly depend on whether a court order exists and what that court order states.

1 Answer | Asked in Child Support for Minnesota on
Q: I live in Minnesota and recently got engaged to my boyfriend who has 2 kids and pays child support and daycare for them

Can his ex take us to court to try to collect more money based on my income?

Can I pay him rent (since he owns the house) and buy groceries or things like that?

Do we need to file separate taxes and keep finance separate once we are married?

Lucas Wynne
Lucas Wynne
answered on Sep 9, 2016

This is a difficult question to provide a yes or no to due to the reality of the law. Although a court will not consider a new spouse's income, it can consider the overall financial situation of the party for whom the support amount is being calculated. With that being said, you would not need... View More

1 Answer | Asked in Child Support for Minnesota on
Q: Good afternoon- Currently, I am the obligee in an employer contempt for failing to withhold child support.

OTSC hearing was continued to September 16 because the employer lawyered up. The County Attorney did not bring the OTSC, I did, and the County is not advising me at all. I think I can handle this on my own but there are a few issues that I am concerned about- example- arrears at 40k HOWEVER, that... View More

Lucas Wynne
Lucas Wynne
answered on Sep 6, 2016

Frankly, you cannot handle this on your own unless you went to law school.

1 Answer | Asked in Child Custody, Child Support and Divorce for Minnesota on
Q: When filing for divorce if both parties do NOT want to seek child support from the other, is a hearing required
Lucas Wynne
Lucas Wynne
answered on Aug 22, 2016

You should seriously consider why you are not motivated to seek child support. Generally, agreements to waive child support will not be enforced because they are contrary to public policy. Child support is the right of the child, not the parent.

1 Answer | Asked in Child Custody and Child Support for Minnesota on
Q: I have a 17 1/2 year old son who lives with his mother in Dothan. He quit school at 16 and now wants to come to MN.

I have joint legal custody and pay child support. She agrees to our son to come and finish school here in MN. He will be coming 8/31. Do I need anything in writing?

Lucas Wynne
Lucas Wynne
answered on Aug 4, 2016

Depends on the language of any existing order, but you would likely need to petition the court for the move. I am unsure where the proper venue for this case might be because there is not enough information - could be Minnesota, could be Alabama.

1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for Minnesota on
Q: I was served with a O.C.G.A. 29-2-8(b) and have many concerns. Don't know where to start. No income? Who can help ?

I live in MN she lives now in GA father passed away and guardianship went to grandmother. And now grandmother passed . The uncle of my daughter is now asking for temporary guardianship and I feel she should come 2 me. I am willing 2 transition her slowly here to Minnesota but need to know my rights.

Lucas Wynne
Lucas Wynne
answered on Jul 25, 2016

Call your local legal services office for help. Considering you have no income, you likely qualify for help.

1 Answer | Asked in Child Support for Minnesota on
Q: i am being told i have to pay child support on a child that is not mine due to being legally married, is this correct?

In MN, i have been separated from my wife for 4 years, but we have not yet finalized the divorce. She now has a 9 month old child that I am not the father of. However, I recieved notice in the mail that i am expected to pay child support for this child.

Kristen Bullock
Kristen Bullock
answered on Jul 10, 2014

Yes, unless you are able to establish that you are not the father. I strongly suggest you contact an attorney to discuss your matter as there are strict time limitation in challenging paternity. Please feel free to contact me to discuss your matter - 651.270.6484.

1 Answer | Asked in Child Support for Minnesota on
Q: I live in minnesota I have my kids every summer can my baby mother still collect suuport

Ima single father I have my kids every summer can she just keep the money and not spin it on my kids

Kristen Bullock
Kristen Bullock
answered on Jul 10, 2014

More information would be needed to properly answer your question. For example, it would be important to know whether mother has parenting time at all during the summer. Please feel free to contact me if you would like to discuss your issue #651.270.6484.

1 Answer | Asked in Child Support for Minnesota on
Q: My girl friend has 4 kids 2 are with the father in Kansas. just moved to m.s will she be garnished if she starts work

She has my 2 boys and about to move to Minnesota with me. when she starts work with me will she be garnished at all? the child support is from Kansas and she hasn't worked in years.

Kristen Bullock
Kristen Bullock
answered on May 1, 2014

It depends on what the child support order states whether there is automatic holding of child support. In any event, child support orders, even from a different state, can be enforced in Minnesota. So, her check can certainly be garnish for child support orders from Kansas.

1 Answer | Asked in Child Support for Minnesota on
Q: My Daughter has a five year old son. The father has been going to college and pays nothing.

The father and his father coerced my daughter into sigtning a paper that says she will not move her son out of state. She is basically being held prisoner in Minnesota while he goes to college and her entire family is in Phoenix. He has never paid any child support and sees the child very rarely.... View More

Kristen Bullock
Kristen Bullock
answered on May 1, 2014

It is difficult to give advice without reviewing the custody decree. Generally, the father should be paying something in child support. I really would set up a consultation with a family law attorney to discuss available options.

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