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Filing Limtitation for Child Support Minnesota

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  • Filing Limtitation for Child Support Minnesota

    I am new here, have done some research and i cannot find the stipulations to filing for child support. i have had my son for two years now and the mother finely stated that she wants to "establish" a relationship. So, the past year, he has been with her on and off without involving the courts. She may go to court soon to change the legal custody and physical custody which i still have both. There are often times she hints that i should take him back. I am seriously thinking on doing this, but i would need support this time, so, can i also get back support for the other two years i had him as well? Or does she get off scott free because i never filed?

    Thanks!
    A True Father!

  • #2
    www.nccp.org/state_detail_MN_policy_25.html

    In Minnesota, retroactive child support can be ordered for up to 2 years prior to the date of filing. Interest can also be charged on retroactive support. You need to file for custody and child support to get everything all nice and legal to avoid any "situations" in the future. Even those with the best intentions invariably have difficulties that are much easier settled when a court order is in place.
    Last edited by mommyof4; 08-22-2006, 12:21 PM.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      the problem is, i never filed for support. can i still file now? thanks!
      A True Father!

      Comment


      • #4
        Originally posted by neweuser
        the problem is, i never filed for support. can i still file now? thanks!
        Yes, you can file at any time until your child reaches the age of majority.

        www.supportguidelines.com
        HOOK 'EM HORNS!!!
        How do you catch a very rare rabbit?
        (unique up on him)
        How do catch an ordinary rabbit?
        (same way)

        Comment


        • #5
          So there is no limit? That's most helpful. After paying for daycare (220.00 per week), not like she'll ever get a job, it would help. Then maybe i can support him better!!! Right now, i feel so limited. "daddy, can i have this, daddy, can i get that?" Or even be able to by new shorts for him, or a new shirt, maybe some fun foods??? Something! I feel as though he gets deprived of some things that other kids have because we lack so much money.
          I have always been there for him and never let him down. I could geta third job to help money wise, but then will i ever see him?
          Last edited by neweuser; 08-22-2006, 12:40 PM.
          A True Father!

          Comment


          • #6
            Dead Beat Dad in Tennessee

            I got pregnant in 1989, told the Father I was pregnant, he told me to get lost, last August, I get a summons from him saying he wants to see his "son", I have since married, and my son only knows my husband as his father. We had to tell him about his "other" parent. Big legal battles now, I want to know if I should go through the State of Tennessee for back child support, or should I file in my home state of Minnesota? My son will be 17 in December, and becuase of this other parent has had his life disrupted! I would like some advise.

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            • #7
              I believe you file in MN first? Not sure though. Then i think they would contact TN? Don't qoute me though.
              A True Father!

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              • #8
                Thanks,

                I am tired of paying my attorney in Tennessee for everything she has not done, this case has gone on for 1 year!

                Comment


                • #9
                  Unfortunately, it may go further for you. MN should be locating her/him there from my understanding. Either by mail or what have you. But you may need to locate her/him if they can't, then provide that information. They should be able to still follow MN law and take her/him license and etc. But not sure. Contact Family Court Self help. The ladies there are real nice (most anyway).

                  A friend of mine came from CA, he still can't drive here until he catches up on his child support.
                  Last edited by neweuser; 08-22-2006, 01:23 PM.
                  A True Father!

                  Comment


                  • #10
                    Originally posted by Moose in Minnesota
                    I got pregnant in 1989, told the Father I was pregnant, he told me to get lost, last August, I get a summons from him saying he wants to see his "son", I have since married, and my son only knows my husband as his father. We had to tell him about his "other" parent. Big legal battles now, I want to know if I should go through the State of Tennessee for back child support, or should I file in my home state of Minnesota? My son will be 17 in December, and becuase of this other parent has had his life disrupted! I would like some advise.
                    File in the county in which you and your child reside. All 50 states work together to enforce child support orders from another state. As stated in an earlier response, MN only allows for retroactive CS for 2 years before the date of filing.

                    www.dhs.state.mn.us/main/groups/children/documents/pub/dhs_id_008811.hcsp

                    BTW, I am assuming that you do live in MN and not TN. If you live in TN, you need to file in TN.
                    Last edited by mommyof4; 08-22-2006, 01:17 PM.
                    HOOK 'EM HORNS!!!
                    How do you catch a very rare rabbit?
                    (unique up on him)
                    How do catch an ordinary rabbit?
                    (same way)

                    Comment


                    • #11
                      Originally posted by neweuser
                      So there is no limit? That's most helpful. After paying for daycare (220.00 per week), not like she'll ever get a job, it would help. Then maybe i can support him better!!! Right now, i feel so limited. "daddy, can i have this, daddy, can i get that?" Or even be able to by new shorts for him, or a new shirt, maybe some fun foods??? Something! I feel as though he gets deprived of some things that other kids have because we lack so much money.
                      I have always been there for him and never let him down. I could geta third job to help money wise, but then will i ever see him?
                      Yes, you definitely need to file for CS whether she wants to establish and maintain a relationship or not. It is absolutely no different than if this were a father. ALL parents are responsible for financially contributing to the support of his or her child.
                      Last edited by mommyof4; 08-22-2006, 01:49 PM.
                      HOOK 'EM HORNS!!!
                      How do you catch a very rare rabbit?
                      (unique up on him)
                      How do catch an ordinary rabbit?
                      (same way)

                      Comment


                      • #12
                        Also, if she owes enough, they will post posters stated that she is wanted. Thsi is becoming quite big now. especially in IN! LOL Every rest stop you'll see who owes for child support!
                        A True Father!

                        Comment


                        • #13
                          I agree. Unfortunately for me, i really thought she'd never come back, so never bothered. My son's step mother is so good to him.....he knows no other basically. But, there should not be dead beat parents! Need to support our children, they are our future. They do not have the option of choosing these situations and should not be victims of circumstance.
                          A True Father!

                          Comment


                          • #14
                            Originally posted by neweuser
                            I am new here, have done some research and i cannot find the stipulations to filing for child support. i have had my son for two years now and the mother finely stated that she wants to "establish" a relationship. So, the past year, he has been with her on and off without involving the courts. She may go to court soon to change the legal custody and physical custody which i still have both. There are often times she hints that i should take him back. I am seriously thinking on doing this, but i would need support this time, so, can i also get back support for the other two years i had him as well? Or does she get off scott free because i never filed?

                            Thanks!
                            Has there ever been a court order giving you custody?

                            Mommyof4 is correct, the law allows for retro support, but you should be aware of something about that- IF you have a custody order without a CS order it means that you willingly "waived" your right to CS at that time. It's possible if Mom gets an attorney that she could sucessfully use the defenses of "waiver" and "laches" and win. That would mean that any CS ordered would begin from the filing date with no retro ordered.
                            Just a possibilty you should know about.

                            Comment


                            • #15
                              Ok, thanks. i have a court order for custody. And the judge said that the support will be set at my discretion which ever i choose to file for. so that would mean i could be denied?
                              A True Father!

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