Messages

Support can notybe modified retroactively and  is only modifiable back to the date  that a Motion was filed.  the exceptions to this rule are if the moving party was unable to file a Motion for one reason or another and then filed as soon as that disability no longer existed.  

In most cases, that means the moving party was ill, mentally ill or that fraud was used to preclude the filing of a Motion.

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

There is no such statute.

In order to introduce an E-mail in a court proceeding, a party must lay foundation for it to demonstrate that it ios authentic.  Foundation is testimony and first hand knowldege regarding the e-mail's origin and the accuracy of itrs contents.

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

It is available and is called an Order for Protection.

There are a number of forms linked from my web site at http://www.divorceprofessionals.com (right column).  However, I do not see that as one of the forms.

To prevail in an OFP the party must demonstrate that there has been phsycial abuse or a threat of physical abuse that places them in fear.

I am very familiar with Referee Judy Mack. She can seem fairly abrupt at times in Court, however, I have found her to be fair minded and thoughtful in your orders.

I think you may misunderstand what occurs ata pretrial hearing.

First, a pretrial conference is essentially a settlement conference where the issues are discussed, discovery issues, timelines for submitting witness and exhibit lists.  Generally the Court will issue no orders on issues other than those related to the procedures of the case unlesss someone files a Motion. If no Motion is filed, no orders are issued.

If a Motion were to be filed, in most cases, the Court has the parties divide transportation and transportation costs. Whether that occurs or not depends greatly on the availability of each parent to provide the transportation and the reasons for the geographical distance. If it is our STBX that elected to move to Rochester, he may certainly bear more of that burden.

The other issues that you mention are issues that are decided at a trial, not a pretrial. If the parties are unable to agree on those issues, the matter is set for trial where testimony is taken and evidence presented so that the Court can issue an Order deciding those issues

If the claim  is under $7,500 you may file in conciliation court which is Minnesota's version of small claims court.  to do so, you must go to the COurt Administrator's Office, ideally in the county where the client resides, and acquire a Cociliatin Court Complaint.  It is of the fill in the blank varriety and self explanatory.

It is served on the other party and a date for court is immediately set.

For Minnesota Legal Answers and Debt Collection visit http://www.minnesotalawyers.com

It is not only not legal advice,there is a statutory requirement that they must provide a Notice of review to outline the procedures for that review as part of Due Process.

For Minnesota Family Law answers visit http://www.divorceprofessionals.com

The legal records related to the divorce and family law proceedings are a public record and copies can be opbtained from the Court Administrator's Office in the County where the action took place.  If it is an older case, the files may be archived requiring a personal appearance to retrieve them.

Any child protection records are not public. She may require a Court order to access those records.

As far as a lawsuit goes, I would not count on suing the county. You have to remember that public employees have immunbity so long as they are acting within the scope of their authority, even if the job is done poorly.

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

Thanks for the e-mail.  You can contact us at 952.746.2153 or find more information at http://www.divorceprofessionals.com

If you draft or have drafted a Stipulation and Order, which is essentially one document signed by all and notarized, it can be sent to the Court for approval by the Judge. In must, however, be in the proper format and I do not know of any forms for such a matter.

If public assistance is provided to teh custodial parent, the child support office is a party and must also sign off on any agreements.

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

Restraining orders are temporary in nature and in most cases do not allow the Court's the ability to order treatment.

You should file for  supervised visitation if you can document that the other parent is a danger to the monor children and/or is using illegal drugs which affect here care.  This must be filed in the familycourt.
Your Order for Protection is likely only to address contact between the parents if the minor children were not exposed to the dispute

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