Wednesday, April 1, 2015

I live in the state of Minnesota and I wanted to know if I have to pay child support for my boyfriend children if we get married

Question

I live in the state of Minnesota and I wanted to know if I have to pay child support for my boyfriend children if we get married



Answer

Generally, child support is paid by one parent or the other for her/his child or children. Generally, a 'new' spouse is not liable to pay child support for her/his spouse's children from some other relationship. Your financial circumstances, in some instances, may have a bearing on your spouse's financial obligations. I suggest you confer with an attorney prior to your marriage to discuss your concerns and the possibility of a 'pre-nuptial agreement' (also known as an antenuptial contract) which may offer protections. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Divorce Law, Minnesota Matrimonial Law, Minnesota Antenuptial Contracts Law, http://dwyerlawfirm.net



Answer

Your income is not includable in determining your spouse's child support.



Answer

No. Some states impose child support liability on stepparents when they stand "in loco parentis" to the child. Minnesota is not one of those states. In Minnesota, a stepparent may be held liable for child support only if he or she adopts the children.



Does a document signed and dated need to be notarized to be binding

Question

Does a document signed and dated need to be notarized to be binding



Answer

Depends greatly on type of document. Please repost with additional details.



My original mechanic bob said I needed to spark it's to fix my balance issue. He assured me that this might work. It lessened the shaking, b...

Question

My original mechanic bob said I needed to spark it's to fix my balance issue. He assured me that this might work. It lessened the shaking, but didn't fix the problem. As the shaking goes on throughout the week it becomes more violent. I decide to take it to someone else and they fix it right away. It was the control arm. If it would of snapped it could of cost me my life.



Answer

You can't sue for "it could have." At best you have a right to get a refund from Bob for what you paid him. Call him and ask. If he refuses, and you think it's worth your time for such a small amount, you can sue him for the cost of the repair in small claims (Magistrates Court).



This has to do with Power of Attorney. I have a special needs son who is 21 yrs of age. He has an IQ of less than 65 and the mental equivale...

Question

This has to do with Power of Attorney.

I have a special needs son who is 21 yrs of age. He has an IQ of less than 65 and the mental equivalent of a 12-14 yr old. Everything is medically documented along with his brain damage. I am his payee for his Social Security benefits. I need to know what steps I need to take to legally be his caretaker/Power of Attorney. We have had issues where he has wandered off & law enforcement is less than helpful when it comes to getting back because I don't have the POA.



Answer

You probably need guardianship. You need to talk to an attorney. This will not solve his wandering problem, however. Look on this website and on www.avvo.com for an attorney in your county.



Answer

Once someone is already incapacitated, whether that is recently or from birth, it is no longer possible for that person to select agents or others to make decisions for him or her.

The only thing left is likely to be to obtain a guardianship. If you are already the representative payee, and if your son has no other assets, then you just need a guardianship of the person. If he has assets, then you might also need a guardianship of the estate. The guardianship of the person is far easier and less expensive to get and manage.

You should discuss this with a qualified guardianship attorney because there might be other options depending on the facts of the situation.

Good luck to you and your son.



my husband is filing for bankruptcy on his credit cards. He has 3 with chase bank. Can they touch my checking account that I have with Chase...

Question

my husband is filing for bankruptcy on his credit cards. He has 3 with chase bank. Can they touch my checking account that I have with Chase, also?



Answer

Well, read the fine print. Is the husband also on that checking account? They probably cannot touch your checking account.



Answer

Your question sounds very simple but it is much more complicated. You should confer with a bankruptcy attorney and your husband most certainly should be represented by an attorney in his bankruptcy case.

Generally speaking, assets that are strictly in your name should not be considered part of your husband's bankruptcy estate. So if the account is titled solely in your name, has always been titled that way, and has received no money that could be deemed property of your husband, then your checking account will likely NOT be a part of your husband's case.

Best of luck.



I was ordered to transfer the title of a vehicle to my ex in our divorce decree (MN) I signed the title over to the ex 2 months ago and she...

Question

I was ordered to transfer the title of a vehicle to my ex in our divorce decree (MN); I signed the title over to the ex 2 months ago and she has refused to take care of the transfer. I have to carry insurance on the vehicle in case of accident. I did report the transfer online to the State. What can I do now to force the transfer? Thank you!



Answer

I had this issue come up recently. Through your attorney I would file a motion to show cause her or compel her to cooperate with the title transfer process (sign document, etc.). In my case once she was served with the motion that lit the fire under her and she cooperated. If you have any questions feel free to contact me.



In a Notice of Removal - Employment Discrimination case, in discovery before mediation, is it common practice to disclose plaintiffs earned ...

Question

In a Notice of Removal - Employment Discrimination case, in discovery before mediation, is it common practice to disclose plaintiffs earned wages since termination date?

My understanding is that mediation is not testimony under oath and confidential so it would not be best practice to disclose the plaintiffs earnings since termination because it has the potential to reducing the settlement amount.



Answer

You are correct that mediation is not testimony under oath. Discovery, however, pertains to trial as well as mediation, and information as to plaintiff's earned wages is clearly discoverable in order to determine mitigation of damages and the correct amount to be awarded at trial.

It is not best practice to refuse to disclose any discoverable information when it has been requested.