Legal Question in Family Law in Minnesota

Re: child support

You have a great many different questions packed into you message, and clearly need a lawyer to help you sort this out. I realize your budget is very tight, but to resolve these many problems you will clearly require some assistance.

First things first. I assume your boyfriend was not married to the children of his children. If he was, and the children were born during his marriage, then he is the legal father, regardless of any questions about paternity. If he was not married, there are a variety of issues to consider: whether he held them out as his own, whether he signed a Recognition of Parentage, among other things. Much more information is needed to untangle the question. And even if paternity is not certain, he still could enforce his right to visitation, but would have to obtain a court order to do so.

Second, yes, up to 65% of his wages can be garnished under federal law. The amount that can be garnished for child support actually depends on the number of children being supported, but under your facts, that is accurate. It is unlikely the court would take into consideration your debts, even if he is living with you, since he has no legal obligation of support for you or your children. Nevertheless, the Court can take into consideration his overall financial circumstances and, in some instances, can depart from the guidelines (the old law), although that requires a carefully prepared motion. You cannot simply rely on the forms given to you by the county. They are seldom useful for more difficult cases. If your motion was filed after January 2nd, it should be determined under the new child support law, which may help, although you will plainly need assistance to develop an argument for the court.

Thank you for your question. If you have further questions, my contact information is below.