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 »
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).
My cousin and I are both the agents (acting jointly) for our Aunt, who's 79 yrs old, on a durable power of a attorney.
The Principle has diminished mental capacity, is a US citizen currently living in the Philippines. One agent is in Nevada, the other agent is in Minnesota. Only one agent... Read more »
Generally, the answer to this is no. The Principal should not need to be present for his or her Attorney(s)-in-Fact to use the Power of Attorney document. In light of the recent epidemic of misuse of POAs and the exploitation of the elderly, many banks have attempted to institute additional... Read more »
Mid twenty year old male who is labeled as a vulnerable adult sexually assaulted a 7 year old male child. The child confirmed this in an interview along with the predator admitting it happened along with his guardian admitting it happened. Also this is not the first time this predator has sexually... Read more »
The County Attorney for the county where the offense occurred makes any charging decisions about whether to move forward with charging the matter out. I am assuming that there must be some valid reason why he or she is choosing not charge the case.
I was initially served by alternate means other than publication an Affidavit of service by mail dated June 21 2018 is on file with the court the Court held a hearing on June 28th 2018 and I did not appear the court issued an order for protection dated June 28th 2018 by default
Speak with an attorney. If you were not properly served, you may be able to reopen the case.
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.
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.
If there is no court Order, and he is the father of the children, each of you have the right to have the children and equally each of you can "take" the children anytime each of you wants, until there is a court Order designating what days each of you have. Is he harmful to the children or is there... Read more »
I had decided to move in with my father when I was 14 and my parents were already separated my dad now I think my dad has shared custody of me, however I am not totally sure. I want to go back to my mother.
You need to talk with your parents as to your reasons for wanting a change in the time you spend with each of them.
She was laying in her bed when dog attacked
Most likely, but you need to talk with an attorney as soon as possible to go over the specific facts of the unfortunate attack.
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 »
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.
The parents have several domestic assault convictions, one back in 2015 when the mother stabbed the father twice in front of the kids. The girls were give to myself and my husband to foster until the Mother completed rehab and counseling. The parents are fighting again, and I need to get the... Read more »
I would suggest you hire a family law attorney to help you.
There are two types of Custody-Legal and Physical and it depends upon what your Judgment and Decree says.
We have joint legal and physical custody. I have asked her for the reason why she has them in counseling and she will not provide any information. My children are under my insurance and I have not consented to them being treated for this non emergency medical treatment. Can she legally continue... Read more »
You may not wish to cancel any appointments until you first consult with the counselor to see if your children need counseling; however, unless your Divorce Decree provides otherwise, if you have joint Physical and Legal custody, your X should not enroll your children in counseling without your... Read more »
We amicably separated, and successfully co parent, everything is split 50/50. We have never filed any paperwork with the court.
This pertains to Minnesota law
Until a proceeding occurs, there are no real rules established as to the custody arrangement.
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 »
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.
My ex recently enrolled my daughter under his new insurance through MNSure without letting me know or speaking to me about it. We have joint custody. I would have liked her to be under my insurance instead, if it’s more beneficial and a better rate. He does not provide me a copy and won’t add... Read more »
Re: health Ins for your daughter, it depends upon what your Judgment and Decree says re: that issue. If it is silent concerning the health ins(which I doubt)then you will need to either amend the JD to cover that issue re: an agreement with your X and absent an agreement, with a court hearing re:... Read more »
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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