Legal Question in Family Law in Minnesota
I was served divorce papers today. We have been separated for 3 years. We have 2 kids, 13 and 19, they both live with me and see him every other weekend. He has been paying $1000 child support this whole time. Now he is wanting to pay $600 beginning a WEEK from now, and only for our 13 year old. He says he does not have to pay for our 19 year old anymore. She is a college student full time, and lives with me, I still pay her car insurance, groceries, etc. She has 2 years of school left. The papers state that I waive my right to spousal support (I DO NOT) and that I waive my right to an attorney (I DO NOT) I only gross $1800 a month, and cannot afford a lawyer (which he is trying to tell me I don't need one!). What are my options? How is child support payment figured? He makes $5000 a month, I make $1800 (or less) and he only sees one of our two kids every other weekend. The 19 year old he sees when she has time to see him....Not sure what my options are? Am I getting screwed if I agree to these terms??
2 Answers from Attorneys
He is correct with regard to child support. Child support in Minnesota continues until the age of a18or graduation from high school, whichever occurs last. However, you may certainly seek spousal support. His Petition is simply requesting that none is awarded. You have thirty (30) days in which to file a response to the Petition. In that document, you lay out the facts and seek the relief you may wish a court to order.
I am afraid that you do need a lawyer. If you qualify financially, you may seek a lawyer through a legal aid service in your area. Their fees are based on your income. If that does not work, now is the time to rely on family and friends to assist you financially to retain a lawyer.
This site provides general legal information including descriptions of legal principles. You are in need of an attorney whose role is to assist YOU. I urge you to secure an attorney with no delay so she/he may begin to provide you with legal counsel. Some attorneys, not all, will provide reduced fee for financial hardship. Some attorneys, not all, will provide limited scope legal services. To seek possible pro bono assistance I suggest you contact Legal Aid Society as a starting point. Tricia Dwyer Esq.
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