HELP! support and modification

[john06]

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

order presently says 50/50 legal and physical custody, no child support order for either parent, I (dad) pays medical and helps with daycare costs (currently no daycare costs) child is in school.

Child used to do half week at moms, half week at my house. Use to go to school in mom's district. Switched to mine when she fell behind in school...and started new schedule which I have yet to ask the court for modification which I should probably do.

What we have been doing for the past three years: full week at my house Mon - Friday (weekends at moms. I get weekend a month for down time) Summer school with me and then the schedule switches she gets week during summer and I get weekends.

We have had many arguements on things and issues, but my main question is. I got something in the mail about mn family investment program..telling me that I am responsible for 200 plus a month in support to mom for medical costs, daycare and mn family investment program. Apparently mom signed up for this program? She didn't say anything and now I am totally lost becuase our court order says no support? our daughter doesn't even go to daycare anymore she is almost 12

What sugguestions do you guys have for my course of action? I am going to call them tomorrow, and probably my lawyer, but in the mean time I am freaking out.

 

[LdiJ]

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

order presently says 50/50 legal and physical custody, no child support order for either parent, I (dad) pays medical and helps with daycare costs (currently no daycare costs) child is in school.

Child used to do half week at moms, half week at my house. Use to go to school in mom's district. Switched to mine when she fell behind in school...and started new schedule which I have yet to ask the court for modification which I should probably do.

What we have been doing for the past three years: full week at my house Mon - Friday (weekends at moms. I get weekend a month for down time) Summer school with me and then the schedule switches she gets week during summer and I get weekends.

We have had many arguements on things and issues, but my main question is. I got something in the mail about mn family investment program..telling me that I am responsible for 200 plus a month in support to mom for medical costs, daycare and mn family investment program. Apparently mom signed up for this program? She didn't say anything and now I am totally lost becuase our court order says no support? our daughter doesn't even go to daycare anymore she is almost 12

What sugguestions do you guys have for my course of action? I am going to call them tomorrow, and probably my lawyer, but in the mean time I am freaking out.

General info first....

Child support is fluid and modifiable and therefore you can never assume that just because your court orders say that no child support will be paid, that no child support will ever be paid.

Also, when there is a 50/50 timeshare the norm is that the parent with the higher income still pays some child support to the parent with the lower income.

Now, on to your specific situation. You have a 50/50 timeshare ordered and you are not practising that 50/50 timeshare. You either need to practise the 50/50 timeshare or you need to take it back to court to try to get it modified to the schedule that you ARE practising.

If the timeshare is modified, then all else will get settled as part of that process.

 

[CSO286]

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

order presently says 50/50 legal and physical custody, no child support order for either parent, I (dad) pays medical and helps with daycare costs (currently no daycare costs) child is in school.

Child used to do half week at moms, half week at my house. Use to go to school in mom's district. Switched to mine when she fell behind in school...and started new schedule which I have yet to ask the court for modification which I should probably do.

What we have been doing for the past three years: full week at my house Mon - Friday (weekends at moms. I get weekend a month for down time) Summer school with me and then the schedule switches she gets week during summer and I get weekends.

We have had many arguements on things and issues, but my main question is. I got something in the mail about mn family investment program..telling me that I am responsible for 200 plus a month in support to mom for medical costs, daycare and mn family investment program. Apparently mom signed up for this program? She didn't say anything and now I am totally lost becuase our court order says no support? our daughter doesn't even go to daycare anymore she is almost 12
What sugguestions do you guys have for my course of action? I am going to call them tomorrow, and probably my lawyer, but in the mean time I am freaking out.

(I work in MN CS)

Ok, the letter you got indicates that Mom is receiving MFIP with and for the children, which is cash public assistance (TANF monies). Because of that, she is required to cooperate with CSED to establish a child support obligation against you.

Now, what exactly did you get--has a child support obligation been established against you? Is there an order(other than the original one)? Because, if you have, you've really dropped the ball (not trying to be harsh, but this is the truth), as you could have resolved this ages ago...

As I understand it, you have the children the majority of the time? Can you prove it? Kids go to school in your district, your address is their primary for school/doctor/etc.?

What county are you in? If you didn't get the custody order changed when you and Mom decided on the plan you gave us, then that is your first step. You need to do a modifcation of your cusotsy agreement. Get the forms to do this here: http://www.mncourts.gov/

You'll have to prove to CSED that you have the children the majority of the time, which may impact Mom's public assistance case, but she should not have applied for MFIP with you having the children the majority of the time. (It still happens all the time, though.)

My thoughts on this is that Mom applied for benefits for herself and the children durning their extended summer time with her. You need to contact CSED and--NICELY--ask to speak with your caseworker (yes, you do have one now, if the county pursuing child support).

When you talk to this person, let them know the ordered time split, the status quo (what you've been doing) as well as the exisiting child support ordered (neither party pays). He or she is problably going to tell you that you need to send them this paperwork and then will most likely repeat everything I just told you.

 

[john06]

(I work in MN CS)

Ok, the letter you got indicates that Mom is receiving MFIP with and for the children, which is cash public assistance (TANF monies). Because of that, she is required to cooperate with CSED to establish a child support obligation against you.

Now, what exactly did you get--has a child support obligation been established against you? Is there an order(other than the original one)? Because, if you have, you've really dropped the ball (not trying to be harsh, but this is the truth), as you could have resolved this ages ago...

I got something from the MFIP saying I owe this amount per month...

As I understand it, you have the children the majority of the time? Can you prove it? Kids go to school in your district, your address is their primary for school/doctor/etc.?

Yes, child attends my school district with pick ups at my house every morning, mom does not live in my county or even close to my district.

What county are you in? If you didn't get the custody order changed when you and Mom decided on the plan you gave us, then that is your first step. You need to do a modifcation of your cusotsy agreement. Get the forms to do this here: http://www.mncourts.gov/

I live in washington county, court order is in Ramsey. Do you think I will need a lawyer to go through this process of modification? The reason I have not done so is that I was unemployed for a little while, now starting a new job and I can't have benefits for 90days which is probably why she applied for medical assistance, but I don't understand why she would do that when I will have full medical on her again after my probationary period, she sends all the medical bills in my name, whether or not they get to my correct address is up in the air, she usually puts medical bills in my names and then I get collection calls even though I have never gotten a bill. I do take her to clinic visits with her therapist and adhd peds physician for prescription refills, but her mom jumps her around from place to place while in her care. I have delayed modification as well because I haven't had the funds to do so, because I know she will fight the modification even though its been the status quo, and I am starting to think now she will fight it just for the support.

You'll have to prove to CSED that you have the children the majority of the time, which may impact Mom's public assistance case, but she should not have applied for MFIP with you having the children the majority of the time. (It still happens all the time, though.)

My thoughts on this is that Mom applied for benefits for herself and the children durning their extended summer time with her. You need to contact CSED and--NICELY--ask to speak with your caseworker (yes, you do have one now, if the county pursuing child support).

When you talk to this person, let them know the ordered time split, the status quo (what you've been doing) as well as the exisiting child support ordered (neither party pays). He or she is problably going to tell you that you need to send them this paperwork and then will most likely repeat everything I just told you.

Thank you for the advice, it gets so frusterating all the time it's something. I think I am going to have to get a loan and go back to court at this time to seek modification. I am leaning towards full legal as well, due to credit card fraud, tax fraud (I am dealing with the IRS as well right now and the county, she tried to the child out of her district this summer behind my back. The child has thrived being in my home for the past three years, she is getting caught back up with school, seeing a therapist, child has adjustment disorder, so upheaving everything would not be in her best interest, therapist reccomends a set schedule especially during the week for school and stick to it.

 

[LdiJ]

Thank you for the advice, it gets so frusterating all the time it's something. I think I am going to have to get a loan and go back to court at this time to seek modification. I am leaning towards full legal as well, due to credit card fraud, tax fraud (I am dealing with the IRS as well right now and the county, she tried to the child out of her district this summer behind my back. The child has thrived being in my home for the past three years, she is getting caught back up with school, seeing a therapist, child has adjustment disorder, so upheaving everything would not be in her best interest, therapist reccomends a set schedule especially during the week for school and stick to it.

You might be pushing it for full legal. You would have to demonstrate that mom constantly prevents decisions from being made that are in the best interest of the child before a judge would take away joint legal custody.