1
Minnesota State Forum / anyone got their child support adjusted under the new law
« on: Apr 30, 2008, 09:59:24 AM »
I am looking for impressions, comments, story, ...
thanks
thanks
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2
Minnesota State Forum / successfully changed child support downward with the new law
« on: Jul 19, 2007, 09:27:04 PM »
I figured I would post my storry here for others.
Never give up never surender !!!
SO I filed a motion to have my CS changed based on the fact that my salary had upped 20%. The judge heard the motion.
During the motion we had to define how many nights I had and the other party had. I successfully proved that I was in the 46 to 50% bracket which is hudge since before and still the other party has foll physical custody and me only parenting time but now with the 50% bracket put in an order this is as good as shared physical custody.
my salary, her salary, there too I was very surprised when I filed to see that the CS sent a record of eachother's salary that the DEED kept on record. Except that mine and the other party was wrong. I argued that the data was wrong and the judge agred to look at our paystub instead of the report pending that we produced W2 as well to confirm which we did
So in short with my salary increasing I was successfull in decreasing my CS (be sure to calculate your case) and in the process to secure the fact that I am now in a shared physical custody bracket.
Oh and I got to cancel the COLA as well in the process since the CS amount changed :)
Another thing you need to know is that in the expedited CS process the magistrate will tell you that the court rules does not apply. He will furthermore explain that he will receive reasonable hear say. this is hudge, this means that you can bring any proof you want. "I have a letter from my neighboor saying that" the judge will accept it. this is hudge. get your friends to say that you have your kid that day and that other day, ...
I also used the parenting time tracker (the sparc one) and this is the 2nd time that it lets me secure a win in court.
The key is not to simply fill it but to also add comments, cost, what you pay, .. the judge will look at it even though they only count the days and gage if you are a good dad or not and worthy or not of cutting your CS.
In mine I document all, tooth lost, bought this, spent so much on groceries, ... all this helps since the the judge has to gage the percentage of nights to offset your CS. if he judges that you pay for this and that and this and that he will think it's ok to give you a break. he also will read that you document all which makes your night count is good.
good luck to all and feel free to ask me ANY questions
Never give up never surender !!!
SO I filed a motion to have my CS changed based on the fact that my salary had upped 20%. The judge heard the motion.
During the motion we had to define how many nights I had and the other party had. I successfully proved that I was in the 46 to 50% bracket which is hudge since before and still the other party has foll physical custody and me only parenting time but now with the 50% bracket put in an order this is as good as shared physical custody.
my salary, her salary, there too I was very surprised when I filed to see that the CS sent a record of eachother's salary that the DEED kept on record. Except that mine and the other party was wrong. I argued that the data was wrong and the judge agred to look at our paystub instead of the report pending that we produced W2 as well to confirm which we did
So in short with my salary increasing I was successfull in decreasing my CS (be sure to calculate your case) and in the process to secure the fact that I am now in a shared physical custody bracket.
Oh and I got to cancel the COLA as well in the process since the CS amount changed :)
Another thing you need to know is that in the expedited CS process the magistrate will tell you that the court rules does not apply. He will furthermore explain that he will receive reasonable hear say. this is hudge, this means that you can bring any proof you want. "I have a letter from my neighboor saying that" the judge will accept it. this is hudge. get your friends to say that you have your kid that day and that other day, ...
I also used the parenting time tracker (the sparc one) and this is the 2nd time that it lets me secure a win in court.
The key is not to simply fill it but to also add comments, cost, what you pay, .. the judge will look at it even though they only count the days and gage if you are a good dad or not and worthy or not of cutting your CS.
In mine I document all, tooth lost, bought this, spent so much on groceries, ... all this helps since the the judge has to gage the percentage of nights to offset your CS. if he judges that you pay for this and that and this and that he will think it's ok to give you a break. he also will read that you document all which makes your night count is good.
good luck to all and feel free to ask me ANY questions
3
Minnesota State Forum / can someone shed some lignt on CS mod hearing in expedite process?
« on: May 23, 2007, 07:42:22 AM »
Hi,
I never been through the expedite process for a motion to modify CS, ... beside the legal part about it , I am looking for hints as to what will happen.
do we testify?
does the magistrate wants to simply listen to nothing and "expedite" the deal with : your pay check, other paycheck and done deal, ... ???
I am assuming since it is the "expedite process" that it is a little different ,... the magistrate only rule on the child support part, ...
any hints on some of you that went through the process that can describe it (not the motion and all, all of that is done, I am looking for hearing day tips)
thanks
I never been through the expedite process for a motion to modify CS, ... beside the legal part about it , I am looking for hints as to what will happen.
do we testify?
does the magistrate wants to simply listen to nothing and "expedite" the deal with : your pay check, other paycheck and done deal, ... ???
I am assuming since it is the "expedite process" that it is a little different ,... the magistrate only rule on the child support part, ...
any hints on some of you that went through the process that can describe it (not the motion and all, all of that is done, I am looking for hearing day tips)
thanks
4
Minnesota State Forum / petition for involuntary termination of parental rights
« on: Apr 30, 2007, 03:04:53 PM »
Anyone has samples of this process?
My wife's daughter has been with only one father for a long time now: me.
Her father lives in another far away country and has not had any contact with us for over 3 years. We do not know where he lives. He has no more family, ....
Bottom line is I would like to adopt my daughter and I understad that before I can do that we need to terminate her birth father's rights.
Anyone can give me clues as to the process?
My wife's daughter has been with only one father for a long time now: me.
Her father lives in another far away country and has not had any contact with us for over 3 years. We do not know where he lives. He has no more family, ....
Bottom line is I would like to adopt my daughter and I understad that before I can do that we need to terminate her birth father's rights.
Anyone can give me clues as to the process?
5
Minnesota State Forum / why is the new law not the new law ?
« on: Feb 04, 2007, 05:59:25 PM »
Hi Everyone.
There is a new law passed in summer of 2005 that as of Januar 1 2007 changes the child support calculation to an income shared model.
http://www.house.leg.state.mn.us/bills/billnum.asp?Billnumber=SF630&ls_year=84&session_year=2005&session_number=0&Go.x=11&Go.y=7
so ok, the new laws put guidelines and what not for what not and gives the judge the discretion of, ...
So came january 1 2007 and the Child Support services and the self help centers as well as court forms for motions, ... ALL states that the law applies to only new cases in 2007 and old cases will have a review in 2008 unless
- both parents agree
- gross income has changed of the obligor of 20%
- new circumstances for health or child care
- public assistance, ..
roughly that's it.
So of course you can buypass all this mumbo jumbo by simply saying your income is over 20% more and have a review which lowers it but the CS office puts a hudge amount of effort to tell us (obligors and obligee) that there cannot be a review in 2007. The same person that before told me they couldn't give me any "legal advises" now are very happy to give me the legal advises that I cannot file unless :), ...
Even the self help forms all have that in it and if you do not have one of the reasons they will not approve your screening motion.
Even an attorney told me no unless I had one of the special reasons, ...
HOWEVER.
There is no where in the law that says that. So the CS office chooses to apply the law to their liking to avoid a rush of everyone to court and reduce their CS but what I am surprised and the reason for this post is: how can they do this? isn't a law a law and if in effect in january 2007 then it comes in effect then.
It feels to me that it's a violation of the law to do this. Of course the judges applies the law and if you get past that misinformation and file then they will listen to you.
But is it legal for the governement to simply say: of there is a new law but sorry, next year for you. I mean what would IRS say if I file my tax and say: forget your new rule bla I'll only apply it next year ?!?!?!
So why is this happening? are there any legal recourses?
There is a new law passed in summer of 2005 that as of Januar 1 2007 changes the child support calculation to an income shared model.
http://www.house.leg.state.mn.us/bills/billnum.asp?Billnumber=SF630&ls_year=84&session_year=2005&session_number=0&Go.x=11&Go.y=7
so ok, the new laws put guidelines and what not for what not and gives the judge the discretion of, ...
So came january 1 2007 and the Child Support services and the self help centers as well as court forms for motions, ... ALL states that the law applies to only new cases in 2007 and old cases will have a review in 2008 unless
- both parents agree
- gross income has changed of the obligor of 20%
- new circumstances for health or child care
- public assistance, ..
roughly that's it.
So of course you can buypass all this mumbo jumbo by simply saying your income is over 20% more and have a review which lowers it but the CS office puts a hudge amount of effort to tell us (obligors and obligee) that there cannot be a review in 2007. The same person that before told me they couldn't give me any "legal advises" now are very happy to give me the legal advises that I cannot file unless :), ...
Even the self help forms all have that in it and if you do not have one of the reasons they will not approve your screening motion.
Even an attorney told me no unless I had one of the special reasons, ...
HOWEVER.
There is no where in the law that says that. So the CS office chooses to apply the law to their liking to avoid a rush of everyone to court and reduce their CS but what I am surprised and the reason for this post is: how can they do this? isn't a law a law and if in effect in january 2007 then it comes in effect then.
It feels to me that it's a violation of the law to do this. Of course the judges applies the law and if you get past that misinformation and file then they will listen to you.
But is it legal for the governement to simply say: of there is a new law but sorry, next year for you. I mean what would IRS say if I file my tax and say: forget your new rule bla I'll only apply it next year ?!?!?!
So why is this happening? are there any legal recourses?
6
Minnesota State Forum / who's better in henepin county?
« on: Jan 04, 2007, 02:02:17 PM »
Hi,
I need to have my case reassigned since I have no judges assigned anymore.
Anyone has good names to request ?
Thanks
I need to have my case reassigned since I have no judges assigned anymore.
Anyone has good names to request ?
Thanks
7
Minnesota State Forum / what happens to the COLA with the new CS guidelines?
« on: Dec 18, 2006, 01:16:00 PM »
now that we are in a shared income CS calculation system (or will in 2 weeks)
what will happen to the COLA?
How do you calculate the cola of a CS order when you use 2 parents income ?
what will happen to the COLA?
How do you calculate the cola of a CS order when you use 2 parents income ?
8
Minnesota State Forum / new CS calculations? what is underemployed guideline?
« on: Nov 07, 2006, 09:31:51 AM »
Hi Everyone,
I read the new text on child support and it talks about guidelines of employment for voluntary underemployed parents !?!?1
any one know what these guilines will be ?
I read the new text on child support and it talks about guidelines of employment for voluntary underemployed parents !?!?1
any one know what these guilines will be ?
9
Minnesota State Forum / new CS calculations?
« on: Oct 26, 2006, 01:03:44 PM »
Hi,
Does anyone know how the new CS laws calculation will be applied?
The state says that even though the law is in effect jan 2007 they will not be ready to "start" doing revision of calculation until january 2008.
unless special cases
So what good is a law if it is not applied until whenever?
what are these special cases?
Does anyone know how the new CS laws calculation will be applied?
The state says that even though the law is in effect jan 2007 they will not be ready to "start" doing revision of calculation until january 2008.
unless special cases
So what good is a law if it is not applied until whenever?
what are these special cases?
10
Minnesota State Forum / how to stop child support and cs witholding from CS office
« on: Jun 21, 2006, 09:55:31 PM »
Hi Everyone,
My ex and I have been good parents for over a year now, communicating and helping each other.
It's at the point where we decided to put differences asside and really working for our kid together.
we agreed that our son could go to the schools in my school district, schools are better than in hers and we'd drive back and forth.
We agree on time with our son and simply share time, call each other to take care of our son when needed. My ex has realized that out of court and fight, we can work together.
and we actually work great.
We are also aware of the CS law changing in 2007-2008 and have agreed that starting january 2007 we would simply not pay any CS to each other.
Now here is where I come for help.
We would like to draw an order and present it jointly with a joint motion so that we can stop the collection from the CS office so I am looking for a sample order. Something I can use to build the proposed motion and order.
We do not want to change custody nor other stuff, simply:
"both parents are taking care equaly of their children together and neither parties shall pay CS to the other and CS office shall stop any and all witholdings on date, ...."
any help ?
My ex and I have been good parents for over a year now, communicating and helping each other.
It's at the point where we decided to put differences asside and really working for our kid together.
we agreed that our son could go to the schools in my school district, schools are better than in hers and we'd drive back and forth.
We agree on time with our son and simply share time, call each other to take care of our son when needed. My ex has realized that out of court and fight, we can work together.
and we actually work great.
We are also aware of the CS law changing in 2007-2008 and have agreed that starting january 2007 we would simply not pay any CS to each other.
Now here is where I come for help.
We would like to draw an order and present it jointly with a joint motion so that we can stop the collection from the CS office so I am looking for a sample order. Something I can use to build the proposed motion and order.
We do not want to change custody nor other stuff, simply:
"both parents are taking care equaly of their children together and neither parties shall pay CS to the other and CS office shall stop any and all witholdings on date, ...."
any help ?