Legal Question in Family Law in Minnesota
Paying for Daycare Expenses and Medical Expenses that are not there
I am recently divorced and am paying extra for medical and childcare support that does not exist. My Child Support office refuses to look into the aligations even though I have given them the evidence. I have been charged over $9,000.00 above my basic child support for insurance and daycare that does not exist. Am I the only one who considers this fraud being she knew about it and our divorce decree has already been signed? I have a judgement placed on me for this and now I'm being taken to court to release an escrow account I have in place. The Support officer constantly harasses me and I don't know who to talk to in regards to his inability to do his job. I have even given them the Minnesota Statutes that govern the support issues and still they refuse to address them stating that they merge with the decree. They knew about if before the decree was signed. He tells me that he is going to ''Light me up in front of the judge!''
1 Answer from Attorneys
Re: Paying for Daycare Expenses and Medical Expenses that are not there
You must file a Motio n to determine child care and overpayment. Minnesota statutes provides as follows:
518A.39
Subd. 7.Child care exception.Child care support must be based on the actual child care expenses. The court may provide that a decrease in the amount of the child care based on a decrease in the actual child care expenses is effective as of the date the expense is decreased.
518A.52 OVERPAYMENTS.
If child support or maintenance is not assigned under section 256.741, and an obligor has overpaid a child support or maintenance obligation because of a modification or error in the amount owed, the public authority shall:
(1) apply the amount of the overpayment to reduce the amount of any child support or maintenance-related arrearages or debts owed to the obligee; and
(2) if an overpayment exists after the reduction of any arrearage or debt, reduce the amount of the child support remitted to the obligee by an amount no greater than 20 percent of the current monthly support or maintenance obligation and remit this amount to the obligor until the overpayment is reduced to zero.
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