Legal Question in Family Law in Minnesota

I just received your question. It appears this is a family with significant emotional and financial problems.

In answer to your first question, whether the children can "get any compensation," the answer is that your brother cannot be ordered to pay the children money directly. Instead, the children's mother can receive child support for the minor children that are in her custody. This would ordinarily occur in a divorce proceeding, and presumes she would be awarded primary physical custody of the minor children. I cannot realistically comment on the amount of support that would be ordered, or for that matter, on the likelihood she would receive support in the first place, without a great deal of additional information.

It is also possible that the children's mother may have a claim for spousal maintenance, formerly called alimony. Once again, I cannot offer any detailed advice without much more information.

Finally, there is no form of "lawful" punishment. Minnesota is a "no fault" jurisdiction. This means that the court will not punish a party (by giving him a reduced property award, or by ordering maintenance, for example) merely because he is the apparent cause of the divorce. That being said, some would say that a divorce is, in and of itself, a form of lawful punishment; there are many cases in which people feel that they have been punished merely because they were ordered to pay support they feel they cannot afford.

Although there are indeed unique features to this family's problems, the only forum in which there is any meaningful remedy under Minnesota Law (or under the law of almost any jurisdiction, for that matter) would probably be in family court -- in a divorce proceeding. I am often asked whether there are other agencies or actions available when mental health, chemical dependency, and other related problems are presented. There are occasionally other agencies that may become involved in such cases, but the most comprehensive relief is typically provided through the family court.

If you are concerned about your sister in law, I would recommend you help her contact a lawyer and promptly obtain legal advice. Even if she does not immediately commence a divorce proceeding, it may be that other options are available. If there have been threats of physical abuse, for example, whether directed at her or the children, she could petition the court for a domestic abuse restraining order. Domestic abuse petitions can be filed more quickly, and will result in more immediate, albeit somewhat temporary, relief. The court can make an award of custody, child support, and spousal maintenance in a domestic abuse proceeding. The court can also award the home and other property to one or another of the parties on a temporary basis. A domestic abuse proceeding is not a substitute for a divorce proceeding, and is only appropriate where there have been threats of imminent physical harm or violence. This issue would need to be reviewed by an attorney, and not simply by an advocate at the courthouse, since a domestic abuse proceeding can affect a subsequent divorce proceeding.

You or your sister in law can feel free to contact my office if you have additional questions or concerns. Simply calling for some basic, specific advice would be important. Even if she does not choose to proceed with anything at this time, it is important for her to know what remedies are available to her.

Your concern for this family is admirable and apparently well placed, and I can only imagine it is very difficult for you to balance concern for your brother with concern for his family. I sincerely hope you are able to offer some caring direction and input at this time. Best wishes, and again, please don't hesitate to call. Even if I am unable to offer assistance, perhaps I can point you in the direction of other services or resources that may be helpful.