Legal Question in Family Law in Minnesota

Re: can she get away with this

The papers which indicate that they want the two months of child support should contain information about requesting a hearing. You have to request the hearing or there is a serious danger that the two months of child support will automatically become a court order.

The support system is full of tricks, twists and traps. Some are written in the law. Others can only be learned by experience. Trying to handle this on your own is like putting on a blindfold and walking out onto an interstate highway at night wearing dark clothing.

The answer to your question is that she may be able to get away with is unless the matter is handled very carefully. Your husband should bring his own motion for child support. That motion should be consolidated for hearing at the same time as the request for the two months of child support payable to his X. None of this is easy, and you really need a lawyer.

There is a formula for setting the support amount in split custody cases which may or may not apply in your situation. It's named after the case that first set forth the formula and is called the Valento formula. Whether is applies and how it applies can be a problem.

Yes, there does seem to be a bias against men in the family court. All I can suggest is that you look into men's right's groups that lobby for changes at the legislature. One of the oldest and most respected is "R-Kids."

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.