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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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In the divorce papers sent from spouses lawyer, there is a

Customer Question

In the divorce papers sent from spouses lawyer, there is a statement regarding parental income for determining child support and I have the kids. Under Health for minor children it states Respondent currently incur childcare expenses int eh about of $600
per month, but these chilcare expenses are not work or education related as required by Minn Stat. 518A.40 . I am 30 yrs old and disabled, I had a stroke and have aphasia, apraxia, etc. This should come into play for daycare need. Can you help me with this
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
can someone please respond
Expert:  ANDREA, replied 2 years ago.

Thank you for your question. JustAnswer's rules do not permit us to take on legal representation of any customer, but I can tell you what steps you must take in this situation. You must go to Family Court and ask for the forms to fill out to modify the child support Order which is presently in place. They will be titled or called "Petition to Modify Child Support". Fill out the papers, file them with the Court Clerk and ask that a hearing date be assigned for you Petition. On the hearing date, bring with you all documentation you have from your attending physician which explains your physical limitations and ask the Judge to modify the child support Order, taking into account your disabilities and to provide for the necessary day care.

Please let me know if I have not Answered your question fully, and I will be glad to explain further,

If I have Answered your question, please be kind enough to leave a positive rating so that JustAnswer will give me credit for assisting you. Positive Feedback and Bonus are very much appreciated,

Kindest Regards,

ANDREA

Customer: replied 2 years ago.
Is there a statute or something that explains disability and daycare for support
Expert:  ANDREA, replied 2 years ago.

Contrary to what most litigants believe, we do not have a law to cover every situation. The laws are written in broad enough language so that a Judge can apply the general language of a Statute to the specific facts of the case he is deciding.

The Minnesota Statute governing child support is found in Section 518A of the Minnesota Statutes.

The link below will give you a general idea of the Court child support proceedings, what the obligations of the parents are, and what factors will influence the Judge to deviate from the child support payment schedule.

http://minnesotachildsupport.net/minnesota-child-support-statute/

The important thing to remember is to bring medical documentation to hand up to the Judge as proof that you are physically unable to carry out your part of child support because of the limitations placed on you by your illness.

If a child support Order has already been entered by the Court, then you must file a “Petition to Modify Child Support” based on your physical limitations. As long as you bring medical proof of your inability to meet your share of the obligation, the Judge will modify the child support Order, by taking into account the ability of each parent to pay. And, when the Judge sees your documentation of your physical limitations, he will make the appropriate modifications.

Please let me know if I have not Answered your question fully, and I will be glad to explain further,

If I have Answered your question, please be kind enough to leave a positive rating so that JustAnswer will give me credit for assisting you. Positive Feedback and Bonus are very much appreciated,

Kindest Regards,

ANDREA

Customer: replied 2 years ago.
If my mother is in a nursing home and she has a life insurance policy payable to me, when she dies does the nursing home get any of it or will it all go to me as directed ?
Expert:  ANDREA, replied 2 years ago.

Please accept my apologies, but have I missed something? How does the child support Order relate to a life insurance policy that your mother might have ?

Thank you and I look forward to your reply,

ANDREA

Customer: replied 2 years ago.
This is a different issue I need help with