Legal Question in Family Law in Minnesota
Child support and keeping the kids
My ex-wife won physical custody of the 3 children and full child support from me. (Her family are millionaires and know attorneys). I paid for about 6 months and she verbally told me that she no longer wanted me to pay because I get them so much. (4 out of 5 weekends and typically from Thursday to Monday). I stopped paying. She also told me to put all three children on my taxes for the last 2 years. I've asked her to go back to court or at least sign a document stating that she doesn't want the money and she has been unwilling to do that. She tells me she to busy to have the children that much. I want the kids. I've also kept documents showing my involvement, time and money spent in support of the children over the lats few years (School, medical expenses, personal time, ect)
Can she go after me for all the unpaid child support? I want the kids but I feel she is holding that threat over my head if I don't continue to take the children at her whim. I can't make plans for my life because I have no idea if and when she wants the kids. My attorney said (2 years ago) to just wait it out and document everything. I feel trapped. What options do I have? If she does come after me canI fight it and have a chance of winning?
1 Answer from Attorneys
Re: Child support and keeping the kids
You could proposed a written stipulation. If she refused to sign you would have to make a motion related to child support and custody and/or parenting time alleging acquiescence in a change of custody. It seems that you should be entitled to some relief but whether you win or not is unfortunately tied up in the facts and the judge that you get. However, you really don't have any choices since you are in arrears in your child support.
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