Minnesota Child Support Legal Questions

He must have been behind in payments or been found to violate a court order.  Perhaps that related to quitting his job, but this didn't just happen without some legal proceeding. He must have had a court date. If there was a "bench warrant," which is what it sounds like, he did something to have the court hold him in contempt.If you want this explained further, there are lawyers who meet with clients for an initial meeting, without charge.  We do that, at least.  ... Read More

You bring a paternity action.  Rarely is the non-custodial parent on the birth certificate in our practice.  Either there is a Recognition of Parentage (ROP), a consent, or a determination of parentage.  You will find the child support people at the county level are usually very helpful.  If you are receiving government assistance, the county will help.  Or you can go it on your own or use a lawyer.  I don't suggest doing it on your own, and not just because that is how we make our livening.  I do it because it is not always as simple as you may think.... Read More

He has an obligation to support his children.  He has the right to deduct for the costs if the children do not live with him, and he is ordered to pay child support, or one half of the amount he would be required to pay if they do live him and he were not required to pay child support.  The statutes are as follows: 518.29 (g) provides: Child support or spousal maintenance payments ordered by a court for a nonjoint child or former spouse or ordered payable to the other party as part of the current proceeding are deducted from other periodic payments received by a party for purposes of determining gross income.   518.33 provides,    (a) When either or both parents are legally responsible for a nonjoint child, a deduction for this obligation shall be calculated under this section if:  (1) the nonjoint child primarily resides in the parent's household; and(2) the parent is not obligated to pay basic child support for the nonjoint child to the other parent or a legal custodian of the child under an existing child support order.  I think it is a reach to say that it is fraud for him to pay child support for children who live with him.  The adjustment should be taken into consideration in your child support order.  ... Read More

Go to your HR department first.  Are you sure your paycheck shows the full amount is being deducted?  There must be a mistake.  SInce you don't know who made the mistake, you need to assume the person you are speaking to was not the one who made the mistake.  By checking at each level, i.e., employer, payroll service (if any), state, and ex, you should be able to learn who is mistaken, but right now, remember, while someone is in error, you do not know who it is.  So do not get confrontational with any of them, but be persistent.  If the error is on your end of the equation (eg., your employer), you will still owe the money, and back child support will likely add 20% to what you are paying until you get current again. So you need to do some digging, and the sooner the better, as this problem will only get worse with time.  Good luck.... Read More

At the outset, I must admit that the answer is not certain.  His earning capacity, rather than his current income, are what you would argue.  He would argue that the decrease was no willful.  You would respond that the changed circumstance is not his DWI, it is his change of job, which was willful. You should not roll over and allow him to profit from getting a reduction on the amount of money he dedicates to support his daughter because he made a terrible decision and lost his license.   Did he drive for his job?  If not, why did he quit his job?  If he doesn't need to drive for his job, the DWI should have just made him dependent upon public transportation. That is perhaps less convenient for him, but he does no have the right to voluntarily cut his pay by over 50% and get his child support reduced. He does have the right to take a lower paying job, just not do so and get a reduction in child support.  It is hard to answer these questions, as it is difficult to get all of the facts in a few sentences. That is why our firm, like many, meet with potential clients in a no obligation hour or so consultation to help the client decide what should be done. ... Read More

If a lien is imposed on a home for nonpayment of child support, the lien is treated like other liens.  If there is a senior mortgage (filed earlier in time) that is foreclosed, the holder of the child support lien will have a chance to pay off the mortgage after the redemption period runs, and own the property, unless a lien junior to the child support lien pays off the child support lien. If the redemption right is not timely exercised, the lien will be extinguished.  The child support debt, of course, does not get extinguished.... Read More

The 50/50 split does not mean there is no child support owed.  It is just part of the calculation.  But you may want to look at your changed circumstances to consider if there should be a child support modification.  I suspect our firm is not alone in having a free initial consultation on questions like this.... Read More

The court can modify that component of what you pay, but I wouldn't plan on spending any refund. That isn't going to happen.  It sounds like you are doing this on your own.  I know people are hesitant to pay us $150 an hour to represent them in cases like this, but I always wonder if they look at how much money is really involved over the possible 18 years of child support.  Child support involves a lot more than putting some numbers into a formula. ... Read More