If you were not married can I get Child Support from the father. We have two kids he pays me nothing: Dad of my two kids does not pay child support.
Eric’s answer: Yes, but only after paternity has been established. If you and the father signed and filed a Recognition of Parentage, that will suffice to establish paternity for purposes of child support. Otherwise, you will need to bring a paternity action. Here is an article I have published on paternity in Minnesota, which you may find helpful: https://www.minnesotadivorce.com/articles/pater...
Can a previous custody case be reinstated if my ex isn’t taking his increased parenting time? (MN): About a year ago, my ex filed for change of custody. The judge declined, due to not meeting requirements. I have sole physical custody and we share legal custody. He was initially awarded 56 overnights per year (15% parenting time). However, I chose to compromise with him and allow the judge to increase his parenting time to roughly 25% (summer: every-other week / school year: every-other weekend / plus every-other holiday). The first week after the judge signed the new order, he forfeited his visitation. He continues to do so if it’s inconvenient for him. Multiple times he’s stated “I’m entitled to them doesn’t mean I have to” “I cannot handle your son. I need a break and will not be taking him.” (We have 2 kids - and yes, he has some behavioral issues that stems a lot from the lack of attention he receives in his father’s care). He also does this with little to no notice… most recently, on my birthday, where on the day of exchange, he backed out 30mins before meeting. I’m curious my legal standpoint if I can take this back to court to reinstate the old order. My previous lawyer said it would take a while for the judge to take contempt seriously.
Eric’s answer: Yes, failing to consistently exercise parenting time can be a basis for modifying the schedule to one with less parenting time for the parent who is failing to exercise what was awarded. I've seen it happen. Here is an article I have published on Parenting Time, which includes a section on modifications, which you may find helpful: https://www.ericnelson.com/articles/parenting-t...
If a husband owns a home in joint tenancy with his sister that was purchased during the marriage, how is the home divided?: My husband purchased a home as joint tenants with his sister during our marriage. We are now going through a divorce. My husband is claiming that only 50% of the home is to be divided in the divorce. I believe 100% of the home is to be divided since it is owned in joint tenancy and I believe my husband technically has a 100% interest in the home, rather than a 50% interest. I am in agreement with my husband keeping the home but I believe that the entire market value of the home is subject to division.
Eric’s answer: There's not enough information here to answer the question. It's going to be less about names on the title, and more about everyone's equitable interests in the property. Sometimes a family member will hold joint title purely as a type of estate planning, and not because the family member actually has any current equitable interest in the property. This really needs to be discussed at length with a lawyer. Here is an article I have published about dividing property in divorce, including real estate, which may or may not be helpful (See Section VI for "Real Estate"): http://minnesotadivorce.com/articles/property-a...