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Messages - Lawmoe

Pages: 12 3 ... 29
1
Wisconsin State Forum / Wisconsin Divorce Issues
« on: Aug 24, 2004, 02:57:37 PM »
For Wisconsin information, and articles visit http://www.wisconsindivorcelawyers.com

2
Minnesota State Forum / Minnesota New Child Support
« on: Jun 20, 2005, 08:54:21 AM »
For a summary of the new law and Minnesota bulletin boards discussing it, visit http://www.divorceprofessionals.com

3
It must be served personally on the other party no less  than 14 days before the court date, not including the date of service.

For Minnesota information visit http://www.divorceprofessionals.com

4
Minnesota State Forum / visit http://www.divorceprofessionals.com
« on: Nov 02, 2004, 02:08:52 PM »
Her physician is not required to report her to the State. However, he may suggest limitations with regard to her driving.

If she has been dishonest with the Magistrate, it will certainly be a harsh reality for her at her next hearing.  You may use that hearing date to subpoena work and medical records. However, first I would suggest serving formalized discovery requests in the form of interrogatories and document requests seeking information about her claimed disability and her employment search.

For Minnesota Answers visit http://www.divorceprofessionals.com

5
Minnesota State Forum / RE: Can CS withold income from 2nd job?
« on: Nov 02, 2004, 02:05:12 PM »
Yes, if your current part time employment pay is insufficient to cover your child suport obligation, they may seek withholding from any revenue source.

6
Minnesota Answers at http://www.divorceprofessionals.com

"How can I make it official or at least "verified" by someone that we are doing shared custody?"

Any agreements between the parties are not binding or enforceable unless and until they are memorialized as part of a court order.  However, the longer you contimnue to follow a schedule of one week on, one week off, the more likely a court is to order that schedule in the future.

"I definetely intend to take this matter to court to get CS changed."

Unfortunately, child support offsets are only available if custody is joint. Custody may only be changed if there has been endangerment and the benefit of the change otweighs the harm. Without such issues, there is an very unlikely chance that child support will change regardless of how much you have the child in your care.

Your best chance is to seek to change custody arguing that the child has been incorporated into your home with an agreementof the other parent. It is not the strongest argument, but it is the best one that you have.

7
Minnesota Answers at http://www.divorceprofessionals.com

Referee Judy Mack is generally fair minded in her resolutions, although she can come across as rather abrupt and curmudgeonly.

When you arrive, counsel will likely meet with Referee Mack first to discuss what issue remain unresolved. If there is a chance of resolving them, the parties may discuss those issues.

Once the trial starts, the Petition proceeds first and establishes the jurisdictional issues before being questioned by his/her counsel on the underlying issues.

"What assets exist?"
"What is its value?"
"WHy do you believe it is worth that much?"
"What do you want the Court to do with that asset?"

Your attorney may cross examinge their witnesses and vice versa. Once thePetition is done presenting their witnesses and their case, the respondent proceeds in the same fashion.


8
Minnesota State Forum / RE: CS hearing over.
« on: Oct 07, 2004, 01:14:17 PM »
It certainmly sounds as if she did little to support her case.  Congratulations.

Minnesota Answers at http://www.divorceprofessionals.com

9
Minnesota State Forum / RE: grandparents
« on: Sep 08, 2004, 03:49:48 PM »
Since you were not carrying for the child when the incidents occurred, the child's grandparents may also have standing to seek custody.

Ultimately, the decision will be based on what is in the child's best interests and will be recviewed by a social worker with child protective services or ,if the motion was filed in family court, by a custody evaluator and Guardian Ad Litem.  Based on your description, I would guess that you are on an equal footing with the grandparents but certainly not at much of an advantage.  

A critical issue may be what kind of contact you hhave maintained with your chjild over the years. The court will certainly not wish to place the child in another unstable situation.

For Minnesota Answers visit http://www.divorceprofessionals.com

10
Minnesota State Forum / RE: cs hearing coming up
« on: Sep 08, 2004, 03:45:08 PM »
You have the right arguments. Don't forget to support them with industry records regarding the availabilityof jobs in her field. You may also wish to seek an investigation and affidavit from a Qualified Rehabilitative Consultant regarding the prevailing wage for Nursing Assistants in your area and the availablility of jobs.

As a Minnesota lawyer, that is what I would do.

For Minnesota Answers visit http://www.divorceprofessionals.com

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