Legal Question in Family Law in Minnesota
Child Support Modification
1st If a party was known to have a job - it was just unknown where - wouldnt it be safer to request tax forms vs. imputing wages?
2nd If the payer paid the receiver directly without county involvement - would the case be filed before a magistrate or District Court Judge? Being that the case originated in a certain county would that mean it would first have to go before a referee?
1 Answer from Attorneys
Re: Child Support Modification
Any party to a child suport action may request tax return information from the other party every two years or when there is good cause for the requests. As a result, the request should be made before a Motion is filed.
If you file a Motion for a modification of support, you have the power to perform discovery and acquire financial records. That is usually something an attorney would do automatically when the case is pending.
If the only issue is child support, it should be filed before child support Magistrate.
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