Legal Question in Family Law in Minnesota
My step daughter is living with her boyfriend and they have 2 children. She is wanting to move out of there because of the controlling abusive behavior. Is she allowed a vehicle if they own 2, and can she get a restraining order against the grandparents of her children, she is afraid they will try to kidnap them? Also the boyfriend is a farmer and makes money "under the table", how will they determine the child support?
1 Answer from Attorneys
I am afraid if she is not married to the other person, she has no claims to propery unless there is some contractual agreement that they would share the asset or the asset would be her property. The presumptive owner is the person in whose name the title appears.
It would seem that a restraining order is unlikely unless something has occurred that would warrant a real concern. A nebulous concern that grandparents might do something is not sufficient. Of course, the grandparents would have no legal right to take the children and she could seek assistance from law enforcement to have them returned if the grandparents did have them.
Determining child suport is always difficult ifthe person works for cash. At a minimum, the court would impute income at 150% of minimum wage unless documents could be provided demonstrating a greater income. That can often be accomplished by serving discovery to acquire bank account statements and review deposit or looking at debt statements to discern monthly expenditures,
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