18 yo is paying for rent and food to ex. Do I still have to pay child support at this point?
Per Minnesota law, a "child" for the purposes of child support is "an individual under 18 years of age, an individual under age 20 who is still attending secondary school." If the child is 18 or more and presently not in school, you have an argument that child support should terminate. The... Read more »
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 »
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 »
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 »
"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 »
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 »
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 »
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 »
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 »
Representing myself. Her lawyer wants me to pay for his fees, can he do that? Finally, can this be discharged in Chapter 7 Bankruptcy? Is it better during divorce or after divorce?
It’s better to discharge all debt before or during bankruptcy bc afterwRds, any debt to spouse is in the nature is a domestic support obligation and cannot likely be discharged.
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 »
Bankruptcy first, then divorce. Bankruptcy will be over in 90 days.
If a parent sells 2 owned real estate properties to her children equally many years before she died, is it still considered inherited property? If the property is sold, are the proceeds still considered inheritance?
If financial disbursements are made from an estate while the individual is... Read more »
If the property was sold during the parent's lifetime, then it is not inherited property. If the property is subsequently sold, the proceeds are not considered an inheritance.
Please be aware that there are tax implications related to such a transfer, and you should consult with an... Read more »
I am a woman trying to divorce my husband in MN. I have been done a very long time and an old friend of mine and I rekindled our feelings for eachother after the seperation. My friend and I have known eachother 14 years. Anyways, we don't want to come out as a couple because it could hurt my case.... Read more »
Fault is no longer a consideration in dividing property or re: child support or alimony. Dating someone could potentially harm you IF there is a custody issue or if you or your friend are receiving or spending money on one or another. You should contact a family law attorney and fully explain your... Read more »
If the parties cannot continue to operate the business together which is likely the case and not a good idea, then the business needs to be valued and the spouse being awarded the business paying the other spouse his/her share or the the other spouse being awarded other assets etc. This is... Read more »
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 »
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.
Never applied for immigration/spouse visa etc. Her husband just asked for divorce, and is threatening her to take her kids, kick her out, etc. She doesn't know what to do, or how to get help. any advice?
She should schedule an appointment with an experienced immigration attorney.
Wealthy,plus marriage of 35 years.
A spouse is not automatically entitled to spousal maintenance. The court must consider the factors set forth in Minn. Stat. Sec. 518.552 in making a determination whether to award spousal maintenance.
My debt to income is too high. I am scheduled to refinance per divorce decree this year but I need more time. What can she do against me if I am unable to refinace in the time specified by the decree?
It depends on what your divorce decree indicates as the result of you not refinancing on schedule.
About a year ago, he transferred 50,000 dollars (half of his savings) to my private bank account. He did so to prove to me that he was serious about the marriage. Can he take it away from me after we file for divorce?
In Minnesota gifts between spouses are not considered protected non-marital assets, so, yes he can, but there may be other facts that could affect this question and answer.
He wont leave the house. He is the one that once the divorce, but he wont leave. I take care of my elderly father and I have a child not from him. I have 3 people to think about when he has one. I want to move out because i dont want to deal with the emotional abuse, but is that the smartest move... Read more »
If, in the end you wish to be awarded the house and live there, it would be a mistake to move out(of course if there is danger of Domestic Abuse-that could change things). I would need to know much more about your situation before I could give you the appropriate advice. You should consult with... Read more »
We are divorced, my kids dread going to stay with their dad and want to stay with me. They are ages 11 and 9.
There is no stated age upon which a child is able to decide who they want to live with; however, the reasonable preference of a child is one of the factors the Court will consider in determining what is in the child's best interest. As the child gets older and more mature, the child's preference... Read more »
If you purchase a car before the divorce with monies considered marital such as your earnings, then the net value of the vehicle could be part of the division of property.
In the division of asset (401K) during a divorce in Minnesota what is the applicable state domestic relations law citations?
For division of property in a Minnesota divorce, the applicable statute is Minnesota Statute Section 518.58.
That depends upon many factors, most important, in Minnesota if you do not bring a Motion to extend or at least reserve the issue of SM before the date for termination of SM in your JD, you may forever be barred from continuing the SM. You need to contact a family law atty ASAP
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