Help with response to establishment of child support

[ajs09876]

What is the name of your state (only U.S. law)? MN

I’m in need of some assistance from anybody who can help me. I split up with my children’s father about a year ago. At that time, I filed for child support through my county (Rice). It took about a year for the county to finally issue out a notice of motion and motion for establishment of child support. I was served on Sunday.

Long story short, I don’t agree with the numbers that they used in figuring out the father’s income. I need to know what form to use to disagree with the numbers the county gave me. When I look at online court forms they are all in response to an actual order. We don’t have an actual order yet. I want to respond to the motion for establishment of child support. Any ideas? I called the county and they told me to go on the website, but everything on there is a response to an order and they all say since the order, modify the order etc.

Any help would be appreciated.

 

[Ohiogal]

What is the name of your state (only U.S. law)? MN

I’m in need of some assistance from anybody who can help me. I split up with my children’s father about a year ago. At that time, I filed for child support through my county (Rice). It took about a year for the county to finally issue out a notice of motion and motion for establishment of child support. I was served on Sunday.

Long story short, I don’t agree with the numbers that they used in figuring out the father’s income. I need to know what form to use to disagree with the numbers the county gave me. When I look at online court forms they are all in response to an actual order. We don’t have an actual order yet. I want to respond to the motion for establishment of child support. Any ideas? I called the county and they told me to go on the website, but everything on there is a response to an order and they all say since the order, modify the order etc.

Any help would be appreciated.

You get to object to the order and take it court. That is what happens. What information did you provide? Why don't you agree with the numbers for the father's income? How do you know what the father makes?

 

[Silverplum]

If you plan to represent yourself, you need to know the rules of court. Including forms, here's a good place to start: http://www.mnd.uscourts.gov/Pro-Se/Pro-Se-Forms.shtml

 

[ajs09876]

You get to object to the order and take it court. That is what happens.

Yes. I understand this. That's What I'm trying to do. I just can't find the correct form

What information did you provide?

I provided my financial affidavit and everything else the county asked of me

Why don't you agree with the numbers for the father's income? How do you know what the father makes?

I know what the father makes because his last job income and amount of hours worked is included in the financial paperwork I was served with. Simple math puts him at about 13.10 an hour. I don't agree with the numbers because they go against the statutes. All the county did was add up his previous year and divide by 12 because there was no direct evidence of income. According to MN statute 518a.32, if no direct evidence of income is given the child support must be based on potential income. In determining potential income they list ways to determine it and say to use whichever is higher. Even the lowest amount of the potential income is substantially higher than what the county put his income at because for most of last year he was working "under the table". They also gave him a parenting time adjustment of 12% where statute is also very clear on them not being able to do that. (He also only takes the kids four nights a month--when it's convenient) So, as a result of the inappropriate numbers being used, his income was determined to be so low that they are only setting support at 200.00 a month. This is the support at 651 a month but everything but 200.00 being put in reserve. Even when you put in the 150% of minimum wage (the lowest number to be used when determining potential income) his child support should be closer to 800.00 a month.

I went for a consultation with a local attorney who was amazed at what the county did. She advised me to file an affidavit and response but didn't tell me what form to file. She just sent me the website.

With all the background info out of the way, all I am looking for is advice on what form to file. Thanks

 

[Ohiogal]

Yes. I understand this. That's What I'm trying to do. I just can't find the correct form

You don't seem to understand that because you said you don't want to wait for the order. But you have to wait for the administrative order and then object to that order. Using the forms necessary to object to the order.
If there is a form. Or you learn how to write the objection yourself.

I provided my financial affidavit and everything else the county asked of me



I know what the father makes because his last job income and amount of hours worked is included in the financial paperwork I was served with. Simple math puts him at about 13.10 an hour. I don't agree with the numbers because they go against the statutes. All the county did was add up his previous year and divide by 12 because there was no direct evidence of income. According to MN statute 518a.32, if no direct evidence of income is given the child support must be based on potential income. In determining potential income they list ways to determine it and say to use whichever is higher. Even the lowest amount of the potential income is substantially higher than what the county put his income at because for most of last year he was working "under the table". They also gave him a parenting time adjustment of 12% where statute is also very clear on them not being able to do that. (He also only takes the kids four nights a month--when it's convenient) So, as a result of the inappropriate numbers being used, his income was determined to be so low that they are only setting support at 200.00 a month. This is the support at 651 a month but everything but 200.00 being put in reserve. Even when you put in the 150% of minimum wage (the lowest number to be used when determining potential income) his child support should be closer to 800.00 a month.

I went for a consultation with a local attorney who was amazed at what the county did. She advised me to file an affidavit and response but didn't tell me what form to file. She just sent me the website.

With all the background info out of the way, all I am looking for is advice on what form to file. Thanks

You object and you have the burden of proving that their calculation was wrong and there was a mistake of law made. Not just saying he should have been able to make more. Prove that he could have made more.

 

[Silverplum]

More info for those who help themselves: http://www.mncourts.gov/selfhelp/?page=1175

 

[CJane]

You don't seem to understand that because you said you don't want to wait for the order. But you have to wait for the administrative order and then object to that order. Using the forms necessary to object to the order.
If there is a form. Or you learn how to write the objection yourself.

This might not be true. It isn't in my state, and in several others I'm aware of.

OP - call the county office.

Rice County Social Services
320 NW 3rd St Ste 2
PO Box 718
Faribault MN 55021-0718

Phone: (507) 332-6115
Fax: (507) 332-6247

Ask them if there is a specific form required to object to the proposed order. In the meantime, I'm going to message our resident child support officer from the state of MN and ask her to peek in here.

 

[Silverplum]

*invisible contributor*

 

[CJane]

*invisible contributor*

Nevah.

But the link to the court forms doesn't have any forms relating to starting an order. That might be because MN DOES handle things as OG suggested, or because you have to access them through the DHS site (which requires a login), or because no form is required. But the local office should be able to answer those questions.

 

[ajs09876]

You don't seem to understand that because you said you don't want to wait for the order. But you have to wait for the administrative order and then object to that order. Using the forms necessary to object to the order.
If there is a form. Or you learn how to write the objection yourself..

I'm wondering why an attorney would tell me to file an affidavit of response right away objecting to the numbers. Keep in mind. The county is filing for me. I chose to go through the county because someone told me it would be cost effective. Obviously this was a mistake. The county made a mistake. We have an informal hearing with a magistrate on October 11. The attorney told me to file this within 20 days of when I was served so that the magistrate could review my argument BEFORE making an order.

You object and you have the burden of proving that their calculation was wrong and there was a mistake of law made. Not just saying he should have been able to make more. Prove that he could have made more.

I can absolutely do this. I have statute backing me up. Once again, the county made a mistake. This was confirmed in a consultation with a lawyer who told me she'd help me but it's so informal she'd hate to see me waste my money. Also, when I called the county they told me to do the exact same thing. File a response before my hearing, within 20 days of being served. So, really....I'm just looking for the form.

 

[Ohiogal]

I'm wondering why an attorney would tell me to file an affidavit of response right away objecting to the numbers. Keep in mind. The county is filing for me. I chose to go through the county because someone told me it would be cost effective. Obviously this was a mistake. The county made a mistake. We have an informal hearing with a magistrate on October 11. The attorney told me to file this within 20 days of when I was served so that the magistrate could review my argument BEFORE making an order.





I can absolutely do this. I have statute backing me up. Once again, the county made a mistake. This was confirmed in a consultation with a lawyer who told me she'd help me but it's so informal she'd hate to see me waste my money. Also, when I called the county they told me to do the exact same thing. File a response before my hearing, within 20 days of being served. So, really....I'm just looking for the form.

And there may not be a form.

 

[ajs09876]

This might not be true. It isn't in my state, and in several others I'm aware of.

OP - call the county office.

Rice County Social Services
320 NW 3rd St Ste 2
PO Box 718
Faribault MN 55021-0718

Phone: (507) 332-6115
Fax: (507) 332-6247

Ask them if there is a specific form required to object to the proposed order. In the meantime, I'm going to message our resident child support officer from the state of MN and ask her to peek in here.

Thank you CJANE. That would be great. The county told me a website when I called them. Unfortunately on the website I can't find the correct form. They gave me www.mncourts.gov I looked, but all the forms seem to be in response to an order. We don't have one yet. Thanks again for helping me out!

 

[ajs09876]

*invisible contributor*

I'm sorry, Silverplum. I didn't mean to ignore you! Many apologies. When I refreshed I only saw Ohiogal's response below yours.

 

[CJane]

Thank you CJANE. That would be great. The county told me a website when I called them. Unfortunately on the website I can't find the correct form. They gave me www.mncourts.gov I looked, but all the forms seem to be in response to an order. We don't have one yet. Thanks again for helping me out!

So, assume there is NOT a form. Type up a professional sounding letter, indicating that you're objecting to the proposed order based on the following: (insert bullet points here). And send it in.

It's what I would do/have done in a similar situation. You're right that there is no form on the court's page, for objection to a proposed order/county's motion.

 

[Silverplum]

If nobody ever READS the info, what's the point of PROVIDING the info??



The MN Judicial Branch site:
•The court does NOT publish forms to start child support.
•If you do not see a link to forms that fit your situation, visit your local law library to find forms, or talk to a lawyer.

http://www.co.rice.mn.us/departments/law-library

http://www.co.rice.mn.us/sites/default/files/pdfs/uploadedcontent/forms/llinventory.pdf



Note to Self: You could just be smoking pot in the park. Consider that for an activity, instead.