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ok, Ex and I agreed that I stop paying CS since shared cust and we are putting all that on paper but I need help.

I have CS being witholded by CS enforcement office.
Ex and I just want to send a simple:

"Order for divorce decree amendment" and "Stipulation for divorce decree amendment" however I am in need of the correct wording to make sure that ths CS services understand and stop the witholding.

Any help and or samples?

Ok, beginning of this week I had a discussion with my ex-wife and I wanted to switch to share custody of our 3 year old child and stop child support.

I wasn't waiting much out of it how ever she had for argument that she wanted child support, blbalblallblal that all I wanted was to get off of child support (wait for the end to see who is the greedy one here) ballballballba and that the issue really to her was child support.

So I took her up on her world and told her: fine, let's forget Child support for now: can I see our kid more.
Answer was "what would you like? " and I said, well we can do everyother weeks.

My biggest surprise was when she said yes as long as I keep paying the Child Support (greed greed greed). so we are on a "switching to shared scheduele) the week-ends get longer till we are at 1 week each.

Here is the thing. She won't put ANYTHING on paper. NONE.

Here is my question:
How can I make it official or at least "verified" by someone that we are doing shared custody? I definetely intend to take this matter to court to get CS changed but my priority is to see my child more so I don't want her to "back fire at me" and take away the shared custody so I want to be more than 600% prepared with proofs once I take this issue to court.

What are your advises ?

what's the MN statute that let you bring emails as proof ?

I know this isn't a divorce matter but I am in minnesota and I have one of my client (I do freelance) that refuses to pay my invoices, how can I take that to court or mediation or, ... ????

hi,
following my other post, my ex and I are thinking of shared custody, ....
Few questions:

Can we write our own order and present it to the judge? if so, what is the motion to file.
Anyone has a sample?
what are the things to think of ?

Also I am ordered to pay CS thru the state CS enforcment agency. I know they are a pain to deal with and even with a court order they want "precise" wordings to tell them to stop the witholding, anyone know what these wordings are ?

Thanks

Hi,
My ex and I are finaly getting to sense, anyway, shared custody 50/50 might be a reality so here is my question:

what's the best supposed 50/50 shared custody for a 3 year old?
1 week each, 1 month each, 6 month, ..... ????

Thanks

Hi,
my ex after 3 years of battle finaly came to sense and we are "talking" and everything is great.

I am gona change job AND told her that the CS office won't know and she won't get a check for a while then they will take more, ...

She is pissed, I told her, well maybe if we get off the CS agency, ... I can send you checks, ...

Anyway: how do we get of of them ? and go back to me sending her a check ?

na

Ok so my ex mom assaulted me tonight while I was picking up my kid.
I am calling ther child abuse but the cops said to get a restraining order I have to file with the couinty ?!?!?
How?
Where, her county where it happened or mine where I live?

Thanks for help

Ok so my ex after not reading the ordewr think that I have too much time with my son so she is back in court with a "motion for amended findings". Basicaly she is realising that she is screwed got screwed.

She filed it over the 30 days +3 (filed by mail) required to do anything.

So what is that gona do ?

1- ex did not show up at hearing for modification of child support (served by personal service so she cannot say she did not receive it)
2- order came with a calculation error
3- I filed a motion to have error corrected, still ex filed nothing
4- new order is granted

5- a month after the order is granted she is now filing a motion to vacate the order based on the ground that the number were wrong (note that she did not contest them untill a month after)


so her eis my question: how do I answer a motion to vacate? I do a motion NOT to vacate ? seems ridiculous.
her exact motion is a "motion to vacate and in the alternative to recalculate child support"

any examples of answers to a a motion to vacate ?

thanks

Hi,
My daughter (step daughter really) has been left by her chinese father.
No news, and he has told her mother that she does not exist for him anymore, this is very common in asian cultures that a child (especially a girl) is not as important as a son, ... the man wants a son, discarded his daughter as he has a son with another woman, ....

The bottom line is that my lovely little girl thinks I am her dad and I think I am her dad so why not adopt her. My son think she is his sister and she thinks he is her brother.

So here I go to look after adoption and to find that one of the only ways that a judge will grant adoption is that 1 the dad signs that he renounce his parental rights, .... the dad is no where to be found and china is a big place, ....
So another way is to prove the father cannot pay child support nor support the child so I could, ......

So the question: can I file a simple motion in court (well really my wife since she is her child not mine yet) to ask for child support from a non foundable resident? we'd be happy with the minimum, the goal is not to get money, he has no US ties so we'll never get a dime but to be able in a year or 2 to say see no one takes care of her but us , ....

Comments? ideas ?

Hi,
I was wondering if when you are remaried and filed a join tax return 1040 you can "not give it to the court" based on the fact that it contains private information on the other peoples on the join return?

like my wife's income, her SSN number, her daughter's SSN number and name, ....


ex wife is very creative to use that information to create problems (identity thieft). went as far as mailing drug one time pretending it was me to get me in trouble, .....

thoughts ?

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)

Hi,

facts:
- Minnesota changed the child support calculation to a shared income plan.
- The CS office stated that only new cases and cases with enough changes in the income would be touched in 2007 and the others in 2008
- my divorce decree state that I have every other week-end and that day et this and that but does not state the number of night.
- the new income calculation need the number of night to do the calculation.
- under the new calculation I would have enough nights to be considered shared custody for CS calculation even though the divorce decree doesn't state it.

the problem:
I have filed a motion for another reason and as part of that motion I have asked the judge to order a new child support calculation and if the judge doesn't order it then I can file a motion for CS update. However the judge has not yet ruled on the first motion

And here is where we add to it all and thus my question:
The CS office is filing a COLA increase that I can stop by filing a motion to stop COLA but since the judge has not yet ruled on the first motion, ... should I file a motion to stop the COLA?

Or should I file a motion to change child support?  I am a little lost

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?

ok so in MN the calculation changed from a set 25% for non custodial parent to a share income calculation.

the law is applicable jan 1st 2007. However I am being told by the CD office and the self help center that only the new cases will be re-evaluated in 2007 and that all old cases will be done in 2008. So that my case would have to wait unless one of the reasons bellow applies:

" THE COURT CANNOT GRANT A REQUEST TO MODIFY AN EXISTING CHILD SUPPORT ORDER USING THE INCOME SHARES MODEL UNTIL JANUARY 1, 2008, OR UNDER LIMITED EXCEPTIONS, UNTIL JANUARY 1, 2007.  CONTACT AN ATTORNEY OR OTHER LEGAL SERVICES PROVIDER FOR MORE INFORMATION."
•   Substantial increase / decrease in earnings;
•   Substantial increase / decrease in need of a party or the child(ren) involved in this court order;
•   Receipt of public assistance;
•   Receipt of disability payments for you or the child(ren) involved in this court order;
•   A change in the cost of living for either party as measured by the Federal Bureau of Labor Statistics;
•   A change in the availability or cost of medical and/or dental insurance coverage or expenses of the child(ren), yourself, and/or former spouse involved in this court order;
•   The addition, elimination, or substantial increase / decrease of work-related or education-related child care expenses for the child(ren) involved in this court order;
•   Child(ren) attaining the age of 18, graduating from high school, joining the military, or living independently;
•   A change in the residence of the child(ren).
you can get the document there: http://www.courts.state.mn.us/forms/public/forms/Child_Support/District_Court/CSD201.doc



However if I go take a look at the Bill (the law itself that was passed):
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0630.4&session=ls84
and if you look at section
23.1, .... and 24.1, ....
It seems to me that it clearly states that anyone can request a modification if there has been 20% increase or decrease and at least 75$.
The text of the bill even talks about the fact that the order under such conditions is deamed unfair, ...
you can get the full text of the bill up there
So reall wat is it? Is it that the CS office "preprinted" forms can't handle it and that you have to go directly to the court asking for a regular motion?
What if you bring a motion in court on these grounds of review in 2007. Will the judge apply the old law which in 2007 is officially not the law anymore?
Or is this just a way the CS office has to try to unload the work and spread it over 2 years lieing to us?
I mean in their document itself it states that they can't give legal advises ?!?!?


23.19     Subd. 2.  [MODIFICATION.] (a) The terms of an order
 23.20  respecting maintenance or support may be modified upon a showing
 23.21  of one or more of the following:  (1) substantially increased or
 23.22  decreased earnings of a party gross income of an obligor or
 23.23  obligee; (2) substantially increased or decreased need of a
 23.24  party an obligor or obligee or the child or children that are
 23.25  the subject of these proceedings; (3) receipt of assistance
 23.26  under the AFDC program formerly codified under sections 256.72
 23.27  to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a
 23.28  change in the cost of living for either party as measured by the
 23.29  Federal Bureau of Labor Statistics, any of which makes the terms
 23.30  unreasonable and unfair; (5) extraordinary medical expenses of
 23.31  the child not provided for under section 518.171; or (6) the
 23.32  addition of work-related or education-related child care
 23.33  expenses of the obligee or a substantial increase or decrease in
 23.34  existing work-related or education-related child care expenses;
 23.35  or (7) upon the emancipation of the child, as provided in
 23.36  section 518.64, subdivision 4a.
 24.1      On a motion to modify support, the needs of any child the
 24.2   obligor has after the entry of the support order that is the
 24.3   subject of a modification motion shall be considered as provided
 24.4   by section 518.551, subdivision 5f.
 24.5      (b) It is presumed that there has been a substantial change
 24.6   in circumstances under paragraph (a) and the terms of a current
 24.7   support order shall be rebuttably presumed to be unreasonable
 24.8   and unfair if:
 24.9      (1) the application of the child support guidelines in
 24.10  section 518.551, subdivision 5, to the current circumstances of
 24.11  the parties results in a calculated court order that is at least
 24.12  20 percent and at least $50 $75 per month higher or lower than
 24.13  the current support order;

what are judges looking for in order to change stop the COLA that is automatically taken on us every other year?

I know gota prove no change, blalbalbla but what are they really looking for?
If some of you stopped it, what did you do to win your case (or what not to do ? ) ?

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 ?

Ok so I am posting here because no one read's the minnesota board.
I am from Minnesota.

After years of court battles, ... 1 year in the clear with no more court fights, my exW get her CS check every month and let me take care of my son to the point that I now have him more than 1/2 the time.

On paper she has custody and I have visiting time.

In practice, she has agreed that our son can go to my school district next year (he is 4). In practice I have my son more like 60% of the time.

To add to the painting so you know where I am standing, the law on CS calculation is changing january 2007 in effect january 2008. The new law states that the 2 parents income will be included in calculation, ....

Now here is the bottom line. I do not intend to pay CS anymore after 2008. I am trying to work with my ex to a common agreement that neither pays CS to the other and I can take care of our kid.
I'd like to get advises from everyone on how to achieve this "neither pay CS to each other". Keep in mind that my exW has no, but I mean no common sense. She is also not capable to project herself in the futur and understand that this can also be a good deal for her as she want to move away to NY without her kid.

Lastly, if this is not possible, if she does not come to sense and a common agreement then I plan to ask for a change in custody. nowing the above it should be easy however it always comes in court to a "he says she says" and sure I document but she does too and you can never make the truth in court so I am looking for ways to prepare now and through the year that I have virtual custody on time basis, ....

ok, Ex and I agreed that I stop paying CS since shared cust and we are putting all that on paper but I need help.

I have CS being witholded by CS enforcement office.
Ex and I just want to send a simple:

"Order for divorce decree amendment" and "Stipulation for divorce decree amendment" however I am in need of the correct wording to make sure that ths CS services understand and stop the witholding.

Any help and or samples?

I am in Minnesota
Ok, beginning of this week I had a discussion with my ex-wife and I wanted to switch to share custody of our 3 year old child and stop child support.

I wasn't waiting much out of it how ever she had for argument that she wanted child support, blbalblallblal that all I wanted was to get off of child support (wait for the end to see who is the greedy one here) ballballballba and that the issue really to her was child support.

So I took her up on her world and told her: fine, let's forget Child support for now: can I see our kid more.
Answer was "what would you like? " and I said, well we can do everyother weeks.

My biggest surprise was when she said yes as long as I keep paying the Child Support (greed greed greed). so we are on a "switching to shared scheduele) the week-ends get longer till we are at 1 week each.

Here is the thing. She won't put ANYTHING on paper. NONE.

Here is my question:
How can I make it official or at least "verified" by someone that we are doing shared custody? I definetely intend to take this matter to court to get CS changed but my priority is to see my child more so I don't want her to "back fire at me" and take away the shared custody so I want to be more than 600% prepared with proofs once I take this issue to court.

What are your advises ?

Hi,

I know everyone here will mostly agree with me:
Child support is a child's right to be "supported" by both parents.

Reality of things is that it's the woman that has full custody (physical) that get's the dough.
Well the other day I was talking with my ex and asked her what if the roles were reversed, would she pay me the CS for her son to be with me and she said "no, this CS is what you need to give me (her) for your son's time with me(her)".

So ok, we all know she is a nutcase and she is wrong but how do you explains the idea that it works both ways to someone that really don't understand the concept?

Don't take me wrong, here I am not trying to convince her or anything but I would like to find out how to educate her on the matter.

It's kinda like a "mad man" believes that everyone esle is mad and that he is the only sane one. how do you open their eyes ?

Dear Socrateaser,

Ex and I are currently under review for Child support Modification.
We are both pro-se

Today my ex-wife got a subpoena and served my employer however her subpoena is a DUCES TECUM subponea and under that paragraph she asked my employer for a copy of my paychecks from last year.

furthermore she checked the "schedule attached case box and attached an adendum where she asks for the paystubs to be mailed to her.

My employer showed me not knowing what to do so I researched DUCES TECUM and found that it is a subponea to appear and show proof, ...
http://en.wikipedia.org/wiki/Subpoena_duces_tecum
which is not what she is asking at all. I believe she miss used this subponea form ?!?!?!
Did she?


Furthermore I went to the court and asked myself for a subponea of the same kind which the court gladly gave me for 12$ and signed, put the sceal but the form is all blank for me to fill.

Again I believe this is because the subponea that she served and that I filed is actually not a subponea to request information but rather for a witness to showup in court.


Let me know your thoughts.

I file a motion, I cannot sign the affidavit of service.
Can my wife and/or girlfriend sign it (and send the mail) ?

Hi,
The court order does not stipulate anything about child care and school cost.
We were ordered to use a website to communicate and to come to agreements so that it is tracked.
we agreed to share school cost.

however ex is not paying. I cannot file a motion for contempt, what kind of motion should I file? just a general motion ?

Hi,
I will have to file soon a stop COLA motion and a few days after a motion for child support adjustment.

Can I file the 2nd one even though the first one has not been ruled on?

Hi,

facts:
- Minnesota changed the child support calculation to a shared income plan.
- The CS office stated that only new cases and cases with enough changes in the income would be touched in 2007 and the others in 2008
- my divorce decree state that I have every other week-end and that day et this and that but does not state the number of night.
- the new income calculation need the number of night to do the calculation.
- under the new calculation I would have enough nights to be considered shared custody for CS calculation even though the divorce decree doesn't state it.

the problem:
I have filed a motion for another reason and as part of that motion I have asked the judge to order a new child support calculation and if the judge doesn't order it then I can file a motion for CS update. However the judge has not yet ruled on the first motion

And here is where we add to it all and thus my question:
The CS office is filing a COLA increase that I can stop by filing a motion to stop COLA but since the judge has not yet ruled on the first motion, ... should I file a motion to stop the COLA?

Or should I file a motion to change child support?  I am a little lost

Hi,
I have filed a contempt motion against the other party.
I am preparing the questions I will ask the other party and I am looking for general advises:

One of the aspect I am not sure how to approach is the fact that the other party gave proof that are not proof.
I explain. other party says I received a money order from them. It is very simple to see that there is no copy of the back of the check and I even found a 1-800 numjber where you can call and verify that the money order was never cashed but how do I show the court these are no proof?

I mean what kind of question can I do to establish these are no proof? common sense tells us but how to demonstrate this in a direct questioning ?

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?