10 Minnesota Family Law Questions With Straightforward Answers

10 Family Law Questions

Sometimes you just want the facts, just the facts Ma’am.  And that is what this post, a down and dirty look at some very common questions (I bet I answer at least 4 of these a week on the phone!).  You won’t find any

Family Law divorce questions

Family Law Questions

crazy long-winded answers here, just what you need to know.

While it may be frustrating to ask your lawyer a series of questions only to hear “it

depends” all too often in response, it’s an unavoidable fact of life (and law) that the correct answer frequently IS “it depends.”  And having your lawyer simplify the issue too much won’t ultimately do you any good.

However, you may be pleased to hear that, under Minnesota law, there are a few occasions when there actually is a straightforward, succinct answer to your question.  Here are ten of them.

1.  What do I have to show to get a change in the current custody arrangement?

That a change in circumstances has occurred and that modification is in the best interests of the child and that there has been endangerment.

2.  When does a child support judgment expire?

20 years after its entry, although it can be renewed for another 20 years.

3.  What are the different kinds of monthly child support?

Regular cash payments, child care support, medical support and unreimbursed medical bills.

4.  Can my soon-to-be ex agree to waive child support?

No, an agreement to waive child support is not enforceable; it’s considered to be against public policy.

5.  Will the court consider the fact that my ex cheated on me in deciding whether or not I have to pay spousal support?

No, marital misconduct is not a factor in the court’s determination of whether spousal support is necessary.

6.  Where do I file a petition for custody of my child?

In the county where the child permanently resides or the county where the child is currently found.

7.  Will a court enforce our prenuptial agreement?

Yes, if it complies with all legal requirements (okay, maybe there was a little bit of “it depends” there!)

8.  There is a paternity action against me, alleging I am the father of a child.  Do I need an attorney, and what if I can’t afford one?

You need an attorney, but if you can’t afford one, you can be represented by a public defender if you request one from the Judge or court administrator.

9.  If one of my relatives gave money to me rather than to both my spouse and I, will we have to split this money if we get divorced?

No, if the gift was really only to you, it would be considered your own, non-marital property and you won’t have to split it (unless you “co-mingled” the money.)

10.  Do grandparents have any visitation rights?

Yes, If one parent of a child dies, the grandparents on that side of the family can request parenting time rights; that request may or may not be granted by the court.

There you go, a look at my top 10 family law questions.  The answers almost always are “it depends” but I tried to simply them for you.  Notice that many of the answers have links, those are to my posts that explain the matter much more in depth, feel free to click away.

Jason Kohlmeyer,
Rosengren Kohlmeyer, Law Office Chtd.
Mankato, Minnesota
507-625-5000

While I appreciate all of our readers (I really do!) a few things to know before you send me an email with a “quick legal question” I’m a Minnesota only lawyer.  I can’t give any advice about the laws in any other state except Minnesota.  Also, while I am a believer that while  clients needs to know as much information as they can (that’s why I do these blogs) I can’t give advice to you via email and unless we sign a retainer agreement and pay the retainer as our malpractice carrier is very particular about giving out advice over email to non-clients.

About Jason Kohlmeyer

With over 14 years experience in high conflict family law cases, numerous awards, and frequent lecturer through both Minnesota and the United States on family law issues, Jason has decided to help folks through a blog, answering some of the most common questions that people have during divorce and family law cases

Comments

  1. I received an email from a reader and thought I’d share it:

    Good afternoon:

    I read your blog and found it very helpful, but I couldn’t find the answer to my question.

    My ex husband and I divorced and agreed to joint legal/joint physical custody. We have a set parenting schedule that calculated to my having them a little more than 50% of the time and him the rest. The judge issued C Support on a 50/50 split which isnt correct at all (the judge counted in school time as his parenting time?). This is a huge hit to C Support. Since the divorce two years ago, his parenting time has been less and less. I dont mind completing paperwork, but I do not even know where to start. I have a C Support Case worker but she hasn’t been too helpful.

    Any suggestions? I live in Hennepin County

    CNR

    • Thanks for the comment reader! Short answer is you need to have 45.1% if it’s 46%…47%…49%…it doesn’t matter as the three levels are between 0-10%, 10.1-45% and 45.1%+ of overnights.

      As for actual parenting time, it doesn’t really matter that much since the child support magistrate will only look at the percentage of overnights the order says he has.

      It sounds like you need him to follow the order or modify the order in family court so it shows the actual percentage of parenting time you have.

      Jason

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