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What can I do regarding my child support?

Minneapolis, MN |

I am currently not being paid for child support from my ex. He quit his job and is now 3 months late on support. I have contacted the county I live with and am still waiting on further instructions as to what we can do next. They have been very slow and not easy to work with getting back to me for my questions. I am unable to continue to drive for his parenting time due to the lack of funds. He has court ordered supervised parenting time every Sunday for 6 hours. He has also failed to submit to other court orders and does not want to use one of the 2 supervisors as he no longer gets along with them and the other supervisor lives too far for me to drive to and they are not willing to meet me half way. Is there anything I can do as I cannot get our daughter to his parenting time?

Attorney Answers 5

  1. You may file action for contempt for non-payment of support and seek sanctions which may include license revocation and even jail.

    With regard to parenting time, orders must be followed unless modified by filing a motion.

    You must have your matter reviewed in more detail by experienced counsel.

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  2. Maury is correct. You might try the District Attorneys Family Law division

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

  3. If you are not going to be able to continue to comply with the current parenting time order, you need to file a motion with the court, asking the court to modify the order. You should be aware that non-compliance with a custody order can be grounds for a change in custody. You will also want to bring a contempt motion for the non-payment of support. You need to be sure that the statutory requirements for this are met. The problem becomes that unless you are represented, these motions are difficult to bring pro se. This is the right time to borrow money from friends and family, sell things, etc. An attorney will likely be very cost-effective for you.

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  4. Parenting time and money aren't connected in Minnesota - you are legally required to comply with the parenting time requirements, as is he. Your inability to travel isn't a justification for denying parenting time unless you go to court and get the parenting time order changed. You can also take him back to court on a contempt motion for non-payment, but let's be honest here - if he has no money, you aren't going to get paid. The court can yell at him, threaten him, etc., but no money means no money. County support workers are never helpful and hardly ever resolve situations, so if you want "something" done in short order, you'll have to do it yourself. But, as I said, no money means no money. Arrears can pile up, but if he has no money, there is no way to collect it. No one should ever rely on support payments to make their bills.

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  5. Hello. Your situation seems to be markedly difficult and stressful. It is very important that, barring the most exigent of circumstances, one obeys all orders of the court. And, if you seek change to one or more court orders, you should do so in the appropriate manner, which is often initiating one or more court motions. In the situation you describe, you likely have multiple possible paths of action. There are state guidelines for child support and yet it is possible to request that an appropriate upward or downward deviation or departure from the guidelines be made. The analysis is always: What is in the best interest of the child or children.

    Minnesota licensed attorney

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