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#1
I am looking for impressions, comments, story, ...
thanks
#2
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
#3
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
#4
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?
#5
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?
#6
Hi,
I need to have my case reassigned since I have no judges assigned anymore.
Anyone has good names to request ?
Thanks
#7
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 ?
#8
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 ?
#9
Minnesota State Forum / new CS calculations?
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?
#10
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 ?
#11
It is comming in Jan 2007 but applicable , .....

Anyone has some insight about this from the CS office beside the obvious 2-3 articles I already read?

Will it really be applied ?
#12
This is a long storry and I am not sure where to start.

I am the dad of a little boy. My ex and I just finished mediation and agreed to change parenting time times, and this and that, the bottom line is I have every other week-ends and 1 night a week and a lot of extra time there and there, ... bottom line is I have my kid between 46% and 50%.

My ex and I have a really bad history but now we are communicating. Well she calls me to take my kid extra time.

there is an imersion school in my school district and I would like our child to go to it. This is important as My kid and I have dual citizenship and that school teaches our 2nd language, ... anyway, this is one really important piece for me.
My ex isn't opposed to it too much, her main concern is child support.

So here we are at the question, with the new child support laws, I have a good case to use the 50/50 time calculation.
Being that our kid is gona be in school next september, I am trying to find what to "sale" to my ex as far as school and child support, ...

Should I go for:
- I pay no child support and you neither to me but you let him go to that school and I pay all the fees ???
or maybe:
- let's just agree on the school, we'll see child support latter and we both share 50/50 of school expenses ???

any other ideas ?
My ex's concerns are money and not feeling like I screwed her over. Of course I could just agree on the school, get my kid in my school district and then get the CS agency to actually have her pay me CS but then she'd feel screwed, ....
What is important for me is
- that imersion school
- neither pay each other CS
- we share school expenses

however school expenses aren't that great and temporary (I am not talking about college, just kindergarten).

what do you all think ?
#13
can someone point me again to the new child support calculation text and law? in MN.

Also I remember reading that there would be guidelines as to parents that are under employed, ... anyone has info on that ?
#14
Hi,
Referee in an order refers to the "supreme court guidelines for parenting time for a child age, ...."
where can I find these guidelines ?
#15
Well finaly we got to court and the judge explained to my ex that shared custody meant that she had to share and take decisions with me.

she did butt head with the judge and the judge did not like that at all.

After the hearing, seems like the ex is comming to sense and gave me any information I needed regarding our kid.

There might be hope :)
#16
I am looking for the online forms to file a motion for contempt.
Can anyone help me?
#17
ok so let me paint the picture:

- Our son and I has familly in europe (note we are all american anyway)
- we weent to europe in vacation before
- I asked ex to give a written approval to go this summer as per our court order
- ex refused, and denied mediation
- I filed a motion to authorise me to go to europe with our child (not heard yet)
- I had a friend mail ex and her attorney the motion and papers certified return receipt and done affidavit of service
- Ex and I have a mutual agreement not to go by each other's home, ... mutually agreed restraining order
- the letter had my address as return address so I would get the return receipt
- Ex contacted me (on the only agreed way: by a web site) to tell me that she received letter but decided not to open it as it violate the mutually agreed restraining order (note the order doesn't say I can't mail her anyway).


So from my point of view, I served her with the motion, her attorney as well, filled with court, she even tell me she received it BUT refuses to open the letter, ...
Do I need to worry?

what is going to happen in court if she does not show up ?
I also have proof that her attorney of record received the motion, ....

any insights?
#18
ok so I got my motion and affidavit all done, I have the date with the court, ...

so now I have to serve it on the other party.

- what is the rule defining the number of days prior that I need to serve it on the other party?
- also can I just serve it by simple mail? do I file an affidavit of service by mail? anyone has a sample of the affidavit? do I need to file it or get another person to file it?, ....

I am going pro-se on this
#19
hi,
I am looking for the minnesota statute that pertain to slander, libel and criminal slander, anyone can help me ?
#20
I get a restraining order from the ex to fight, ... this is never ending storry
#21
Minnesota State Forum / My case is finaly over
Apr 28, 2005, 06:35:41 PM
So for those of you that know my case, my ex was trying to get me in contempt.
Well referee Reddin from hennepin was by the book and tossed her accusations away, .......

all dismissed, whouhou !
#22
is she biaised or not ?
#23
well I am still waiting on the ruling from our referee.

my ex filed contempt charges on me, ... long storry I am sure you can find in the archives.

so anyway, still wayting for the referee's rulling
#24
Our Court order state that in case of disagreement, blalblbal you should go to mediation, cost is shared, blablalb la

How do I start the mediation process? she probably won't like to come to it.

Anyone know a mediator that is actually not biaised and not to expensive ?
#25
anyone has experiences (good of bad) of rule 11 of civil procedure ?
#26
what should I expect of her ?
#27
Minnesota State Forum / some updates
Jan 07, 2005, 08:03:59 PM
wellllllllllllll we are back in court

I wen't to europe with our son this Xmas to see my family and our son meet 1/2 his family he is 3.
we had talked about it with ex, she knew about it, ordered Us passport with me, ...

Bottom line is 2 days after being back from europe she went to court and pretend to a judge that she never knew, ....

by the time this was over, my attorney and I learned the deed.
We now are filing an ex parte to vacate the order he signed based on her lies, ....

Bottom line is that the divorce decree doesn't say I need her approval anyway. She didn't bring the divorce order to that judge but lied to him that there was a provision that I couldn't go to europe without her approval which is totaly a lie, ...

Anyway, we'll see if the judge vacate
#28
anyone can help me,
know a directory I can search, find phone numbers to try ?
#29
Family court?

I need to know if he is fair, more for men, women, what BS flies and what doesn't, ....

Anyone with experience ?
#30
I was re-reading my divorce decret since I plan to go out of state for vacation and "thought" I needed ex agreement. However I can't find anywhere in my divorce order that state so.
Apendix A is added but there too can't find anything.

Do I need my ex approval to go out of state as long as it's not specified on my divorce decret ?