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Minnesota Family Legal Questions

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37 legal questions have been posted about family law by real users in Minnesota. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include adoptions, child custody, and child support. All topics and other states can be accessed in the dropdowns below.
Minnesota Family Questions & Legal Answers - Page 2
Do you have any Minnesota Family questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 37 previously answered Minnesota Family questions.
Family Law
Minnesota

Recent Legal Answers

I lost my job awhile back and not paying child support, and now my ex wife is not allowing me to see my kids. Can she do that?

Answered 14 years and 7 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
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 More
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... Read More

when going through a divorce is there a way to have a temporary joint custody agreement through the courts?

Answered 14 years and 8 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If you are in the middle of a divorce, you can have a temporary custody agreement and it should address issues such as when and where vacations are to be taken with or without the children.
If you are in the middle of a divorce, you can have a temporary custody agreement and it should address issues such as when and where vacations are... Read More

When I got a divorce my lawyer told me it was optional if I wanted to change my last name well I chose to keep my married name and never thought anything else about it. The child support worker read my decree and stated I was suppose to change my last name to my maiden. I have been divorced for 3 years and everyone state, irs and social security still know me as married name..do I have to change it or how do I handle this/

Answered 14 years and 8 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It sounds as if the Court ordered that it be changed, so that now is your name. If so, you are no different than lots of women, and you have to be prepared to provide certified copies of the order to get everyone else in line. 
It sounds as if the Court ordered that it be changed, so that now is your name. If so, you are no different than lots of women, and you have to be... Read More

How do I notify the court that my ex husband is not paying the court ordered child support payment.

Answered 14 years and 8 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If child support is not being paid, you should bring a motion to have it paid or an order to show cause why he should not be held in contempt of court for failing to pay.  The possibility of going to jail may free up some money. 
If child support is not being paid, you should bring a motion to have it paid or an order to show cause why he should not be held in contempt of... Read More

Want a divorce no kids is my wife entitled to my 401k plan she also works and has her own 401k?

Answered 14 years and 8 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
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 More
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.... Read More

What do i do if my daughters father will not let her come home?

Answered 14 years and 8 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
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 More
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... Read More

does my child support arrears have to be paid in full in order to reinstate my drivers license?

Answered 14 years and 8 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You either have to enter into a court approved repayment plan or pay it in full to reinstate you license.  You can combine the hearing on the reinstatement with the approval of a plan.
You either have to enter into a court approved repayment plan or pay it in full to reinstate you license.  You can combine the hearing on the... Read More

Can Grandparents be denied visitation of their grandchildren while their son is deployed?

Answered 14 years and 8 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
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 More
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.... Read More

What do I do to help my son get child custody of their 2.5 yr old son

Answered 14 years and 8 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
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 More
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... Read More

My x owed me $28,000 property settlement and $9,000 spousal support. He has no money so he asked our mediator to do a QUADRO. On several occasions I asked both x and mediator who would be paying the taxes on the $28,000 and they assured me that it would not be me. In fact, the mediator told me that the taxes would be withheld on the $28,000 by federal law at the time of the disbursement but that I would "get a big tax refund". Guess what" No tax refund, it is ALL taxable to me. What went wrong, how can I fix this?

Answered 14 years and 8 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
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 More
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.... Read More

My son's father has been to a treatment facility 4 or 5 times in the last year in a half. he has had 2 DWIs and is trying to get sober but keeps slipping up. no one in his family will communicate with me about any of this stuff but yet still expect to see my son about once a week, and the father will come around. there is no custody, child support order. do i leagally have a right to know what is going on in the fathers life if he comes around my son? where he is living, job, etc...

Answered 14 years and 8 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
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 More
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,... Read More

i want to know if me and my boyfriend bought a house together and my name is on the morgage can he kick me out. we also have a son together

Answered 14 years and 8 months ago by William/J Joanis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
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 More
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... Read More
Family Law
Minnesota

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