Legal Question in Family Law in Minnesota
When responding to a motion set forth to change custody, parenting time, and support there are different service and filing requirements dependent upon whether the responding party raises "new issues". Response is due 5 days prior to hearing, response with new issues is due 10 days prior.The question I have specifically: If the responding party is not simply asking the judge to deny the Petitioner's motion, but to make changes different from the Petitioner's changes (i.e. Petitioner asks for amended support if custody is changed, Respondent asks for amended support regardless of change of custody due to income changes) does this constitute a "new issue" as far as service and filing are concerned?
1 Answer from Attorneys
My rule of thumb is that if it is the same subject, then it is not a new issue. For instance, if the moving party addresses custody, then any responsive motion regarding custody is not new. The ultimate decision whether this is a new issue is up to the judge so if you have any question about whether it is a "new issue," then use the 10 day deadline.
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