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Alex J. Esq.
Alex J. Esq., Attorney at Law
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I received a court summon from Hennepin county family justice

Resolved Question:

I received a court summon from Hennepin county family justice court in Minnesota.
My wife and I moved to Minnesota last summer (Aug. 2012). We actually separated from May 2012, but I found a job in MN so that we still moved together. We had gone through a tough time for personal relationship, more than 85% of time from May. 2012 to May 2013, we have been separating. But, she still gets pregnant last August. I have been providing house for her to live and paying some of her credit card debit, but I didn't add her into my employment health insurance.
She then applied MN Medical Assistance and everything has been fine, the baby was born last month, May 20th. The birth of the baby was a life changing event for me, I stayed 5 days in hospital with them, thinking about everything that we have had before, relooked at the reasons that have been keeping us separated. I decided to rebuild our relationship.
I moved back to home, give good-night kiss and morning kiss to my wife and daughter everyday, I also asked my wife to call the county to cancel the Medical Assistance because I have already added them into my insurance through my employer starting from July 1st 2013.
But the county filed a complaint to court on behalf of my wife asking court to ordering monies for past and ongoing baby basic support, medical support and child care support.

There is a option for informally settlement, we definitely want to do this. However, we have no idea what to say and to do right now. We have been working so hard to make the family reunion, we were almost gone too far in marriage but fortunately we backed to track at this special time. We just want to get rid of this legal issue, we are okay to reimburse the reasonable past expenses to county.

Anyone can give us some suggestion about what to say and do in informal settlement? Thanks very much!!!
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your difficult situation.

Unfortunately, we are not permitted to tell JustAnswer.com customers what to say or do in their situations, as such specific legal advice can only be given to you by your local attorney upon full review of your case.

I can however provide you with general answer to your legal question if you have one?
Customer: replied 1 year ago.

Thanks for replying.


Regardless what to say and do, what is your personal opinion or judgement on this issue? What is your general suggestion based on your experience after hearing our case. We did have difficult in relationship, but the problem is that we have just worked it out and then the county filed a complaint on behalf of my wife who does not want to do this.


 


thanks

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

This is a civil lawsuit by the county? Correct?

Did your wife made any false statements or concealed any material information when she applied for MN Medical Assistance?

How much is your wife being sued for?
Customer: replied 1 year ago.

She didn't make false statement, she told the social worker that she is married, but separated.


 


The summon shows that county is on behalf of her as petitioner, I am the respondent. The action is to establish basic, medical, and/or child care support under MN statutes, section 256.87


It says that I as a husband is not making adequate contribution for the monies that are/have been expended for the joint child.


Wherefore, the county requests that court to order payment of ongoing basic support, medical support and/or an allocation of child care support.


 


Judgement be granted against me for reimbursement and/or past basic support, medical support and/or child care support.


 


It also indicated that I need to pay $889 to my wife and $168 to state of MN for the period of 05/20 (birthday of our child) to 6/30. But it doesn't tell how much for the past expenses.


It says that the monthly child support obligation will be $703.


 


We are not trying to dispute about the money, since we decided to live our life together so that all supports will be at the right places. We just want to make sure this is not against us for giving false statements when she applied medical assistance, we also want to let them know that we don't need a court enforcement to protect my wife and child because we are together at this time.


 


Just very confused.

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

Unfortunately, you would have to repay any amount of medical benefits that the county has paid on your wife's and your child's behalf, as generally the county would not negotiate such amount.

Also, it would make sense for you to consult and retain local family law attorney and this attorney will be able to represent you in the upcoming court proceedings and explain to the court your situation, as well as, file a proper written response to the lawsuit / petition filed against you and to demonstrate to the court that you and your wife are back together living in the same household and that it is no longer necessary to establish court ordered child support or other benefits that you would have to pay to your wife for the support and medical care of your daughter.

I wish you the best of luck and please let me know if you have any related follow up questions.
Customer: replied 1 year ago.

Thanks, XXXXX XXXXX more sense to me.


 


I would be willing to repay the amount of medical benefits. But my wife didn't lie to county as she didn't have income resource)


 


Should I call the child support officer to discuss the possible informal settlement? Would it be possible that I repay for my wife (she still doesn't have income) for the previous amount as well as tell the officer that we are back together living the same household so that we can avoid the court trail?


If so, do you recommend me to find a local family attorney for informal settlement only? I personally think if I call the officer that I would be willing to pay off any bill that wife and child owe to the county and we are back together, they should not worry anything else and the case should be closed. Please tell me if I am wrong.


 


Your answers are helpful, please help me a little bit more, thanks again!

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up and for your kind words, I appreciate it.

Unfortunately, the child support officer is not your "friend" and the county has already filed a court case against you, so you are now involved in an adversarial proceedings, so it would be a really good idea to hire an experienced local family law attorney to help you not only deal with this issue, but also to make sure that it is expeditiously and favorably resolved for you.

Generally, as long as, your local attorney will be able to show to the court that you would pay any past medical bills related to your wife and your daughter and also your wife is in agreement with you, that you are back together and your wife is not requesting for child support to be established, due to both of you living in the same household and you providing medical insurance and financial support for your wife and daughter, this should not be long or difficult task for your local attorney to resolve this situation, but it can be extremely complex, stressful and prolonged, if you decide to handle it on your own, without legal counsel.

I wish you and your family best of luck and GOD bless you!
Customer: replied 1 year ago.

OK, I totally understand what you said.


 


The last question, if I still want to try to call the officer, do I need an attorney for the settlement?

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

No. You are not legally required to hire a local attorney to represent you at any point of this court case, however as I previously stated, it would be to your great advantage to hire a local attorney.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 13129
Experience: Licensed experienced Attorney
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