Minnesota Family Legal Questions

If you have the legal right to parenting time, that cannot be taken away for failure to pay child support, but there are other consequences, such as to your drivers license, that can occur.  We have many cases at our law firm where the parties have not been married and they agree on child support, but father's only rights are those of being on the Recognition of Parentage.  They think this establishes custody or parenting time.  It does not.  It establishes the right to ask for those things. ... Read Answer

The fact that you each have a 401k is not as relevant as the amount of the increase in those two accounts during the time you were married.  While you two can agree on anything you want, if the court gets involved, it is likely to equalize the two 401ks to the extent of the appreciation during the marriage. This is accomplished by transferring some other money or promise of money or by having the Court enter a Qualified Domestic Relations Order (QDRO) in which one of you gets a right to part of the other party's 401k to equalize things.  You might want to talk to a lawyer about this.  I know that I have had clients where this was basically the only thing involved but there was a significant difference. ... Read Answer

If your daughter's father will not let her come home, then you need to enforce the order respecting his parenting rights.  This was probably obtained by you when you had the custody and child support determined.  If you haven't done those things, you should do so right now.  Our firm's basic rule for mothers is that until those things are handled, the father is entitled to nothing more than the right to go to court and establish his rights. ... Read Answer

Grand parents have special rights of visitation in Minnesota and if your rights are being denied, you should find a firm that handles these cases.  I know our firm has had several of these cases recently, apparently grandparents are starting to realize they have rights to assert.  Good for them.... Read Answer

The basic way all of this works is that the parties have custody, parenting time, and child support all established as a bundle.  There are forms on Minnesota Court web site that he can use.   If the other side has money for a lawyer, it will difficult for your son to proceed on his own (pro se) and be successful.  Without having this turn into a marketing attempt, there are some firms that provide sliding fees or their rates are relatively low, plus they do this as a regular part of their practice.  He may want to look around for such a firm, or use Hennepin County Lawyer Referral.  ... Read Answer

It sounds like either you misunderstood the mediator, or you were given bad advice.  The QDRO transferred the IRA or 401K, or whatever, to you.  At that point it was yours.  The tax advice was wrong.  Why the mediator got involved in giving any advice is a mystery, as the mediator is supposed to be totally neutral and is not to give advice.  Now you need to collect what you can from the ex to get yourself current, which may or may not be possible at this point based on what you signed.  Where was your lawyer in all this?  It would not have involved more than an hour or two to have reviewed this and advised you and made him liquidate the asset and be responsible for the taxes.  Plus, you would have saved the cost of having the QDRO drafted and filed.  Also, as far as your ex having given you bad advice, I suspect this was not the first time he let you down, or shouldn't have been believed. Get a lawyer and get your ex back on the support wagon.... Read Answer

It sounds as if there are no parenting rights that have been established.  The ball is in their court.  Next time he or they come around, feel free to say, "sorry, not today."  You don't really have the right to know what he is up to, and he has no rights at all (other than to go to court to obtain parenting time and start paying child support). If you need help, find a law firm that has extensive experience in representing unmarried couples.... Read Answer

If you and your boyfriend bought a house together and your name is on the mortgage, the real estate is in both of your names. You both own the house and your boyfriend should not be able to kick you out. If there is a domestic violence issue, you may consider an Order for Protection. If your son is a minor, you have rights for child support, and that should help with the mortgage payment.  If you and your boyfriend split up, the law in Minnesota restricts what your rights are for your share of other property or payments, unless there is a prior written agreement. Minnesota Stat. 513.076 says the rights of a couple who live together but are not married are limited when the relationship ends. That law has been interpreted in various ways, and it is hard to give general advice. You may want to consult with an attorney who is experienced in this area.... Read Answer